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J. C. SHAH, V. RAMASWAMI, S. M. SIKRI, C. A. VAIDIALINGAM, K. SUBBA RAO
S. C. Jaisinghani: C. K. Tikku: Mohan Chandra Joshi – Appellant
Versus
Union Of India: Commissioner Of Income-tax: Union Of India – Respondent
Judgement
RAMASWAMI, J. : This appeal is brought, by certificate, from the judgment of the High Court of Punjab dated March 11 1964 dismissing the writ petition of the appellant - Civil Writ No. 189-D of 1962.
2. In his petition under Art. 226 of the Constitution, the appellant, S. G. Jaisinghani. challenged the constitutional validity of what has been described as the "seniority rule" in regard to Income Tax Service Class I Grade II along with the improper implementation of the "quota" recruitment to that Service as infringing the guarantee of Arts. 14 and 16 (1) of the Constitution. The original respondents to the petition were the Union of India, Secretary to the Government of India in the Ministry of Finance and the Central Board of Revenue- -respondents 1 to 3. Subsequently. respondents 4 to 126 were added and those are promotees in the Income-tax Service who will be affected by the result of the petition.
3. In order to improve the Income-tax administration the Government of India, on .September 29, 1944, reconstituted and classified the existing Income-tax Services as class I and II. The re-organisational scheme provided for recruitment of Income-tax Officers, Class I Grade II
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