ORDER

By Hon’ble Mr. B. Anand, Member (A)

The present OA has been filed by the applicants, 5 in number, all Customs Appraisers, who are aggrieved by the action of the respondents in deciding to fill up the post of ‘Assistant Commissioners’ on the principle of ‘post based reservation’ instead of ‘vacancy based reservation’.

2. The background to this controversy is that in the year 2013, the respondents, with a view to alleviate the stagnation being experienced by the three feeder categories of ‘Superintendent of Central Excise, Superintendent of Customs (Preventive) and Customs Appraisers, decided to create 2118 posts of ‘Assistant Commissioners’, which are to be filled up 100% by promotion instead of 50% by promotion and 50% by direct recruitment as envisaged by the Recruitment Rules, as these 2118 posts were originally created in the year 2013 on temporary basis for five years upto year 2018 and thereafter the duration of the posts were extended further upto 31.12.2025. The apportionment of the posts of ‘Assistant Commissioners’ among the three feeder categories as mentioned above has a long chequred history dating back to the year 1989, interspersed with litigation in various judici