~71 A

KARAM PAL & ORS. ETC.

v •

UNION OF lNDIA & ORS.

March 12, 1985 c

{P.N. BHAGWATi, AMARENDRA NATH SEN & RAN~ANAnl MISRA JJ.]

IAbour and Services :

Central Secretariat Service Rules, 1962, Rules 13, 18 and Regitlatioii 3 r: D of Fourth Schedule-Seniority and Promotion of direct recruits and protees . ;__Quota and rota ru/e,,-Whether select list can be challenged In the absence of cal/enge to the Rules and Regulations.· '

The petiioners 1 Assistants ar~ coVerd by the Central secfetariat Service Rules, 1962 (Rules, for short). They challenged under Art. 32 the correctness of the Select List for the grade of Sectioll Officers for the years 1978, 1979 and - _ 1980 and the common seniority list dated April 26, 1979 as a1so the provisional supplementary list of Assistants on the . ground : (i) that the quota rule bad broken down as direct recruitment b.id not been made in many years and' on account of such failun; fixation of seniority with reference to the rotational method was not available to be followed ; and (ii) that Select List as contemp~ lated by the Rules hid not been framed for quite a long period and in the absence of such a select list framed in time, select lists of 1978, 1979 and 1980 prepared without following the criterion of length of serVicepfofficers in the grade of Assistants was not only unfair and arbitrary worked out prejudicially to-the petitioners.

The petitioners prayed that the select list and seniority list be republished On the basis of(length ontinuous service in the grade of Assistants and promotion to the grade of Section Officers be granted from the dates when Assistants junior to them were promoted as Section Officers.

On the other hand, Respondent No. 1-Union of India argued that there had been· regular direct recruitm€:Dt into the Service in all years except only two, -viz., 1966 and 1970. Thus, the quoia rule has, therefore, really not broken down as pleaded by the petitioners and the Rules, having contemplated a scheme of direct recruitment and promotion, qt.iota and rota have to work together and 4 since the manner of fixation of seniority is covered by statutory rules, the petitioners are, not entitled to claim determin:ltion of seniority on the basis of length of service.

-, G

it9SSl 3 s.c.lt.

; A Dismissing the Writ Petitions,

HELD : l{i) It will be appropriate if a detailed reference to the Rules is made in order to ascertain the Scheme.

The Rules contemplate that there shall be separate cadres in respect of Section Officers' grade and the Assistants' Grade and these shall be consiituted for each Ministry or Office specified in Column 2 of the first schedule.

Sub-rule (6) of Rule 13 prescribes that 50% of the vacancies in the Assistants' grade in any cadre is to be filled by direct recruitment on the results "ofthecompetitive examinations to be conducted by the Commission from time to time and the remaining vacancies are to be filled by substantive appointment -of persons incIUded in the select list for the Assistants' grade in that cadre.

Such appointments are to be made in the order of seniority in the select list xcept when for reasons to be recorded in writing. a person is Dot considered fit for appointment in his tum. . When difficulties were experienced in working out the Rule, two provison were added to sub-rule(6).

The first proviso provided. th3.t substantive vacancies in any cadre reserved for direct recruitment on the appointed day against which no direct recrUils h3.ve been appointed may be filled by substntive appointments made after the date of commencement of the Central Secretariat Service (Third Amendment) Rules, 1970, of persons included in the Select List for the Assistants~ grade / n tat cadre.

The second proviso' was to the effect that if sufficient. number of candidates are not available for.filling up the vacancies in a cadre in any year by direct recruitment as aforesaid, the unfilled vacancies in the direct recruitment quota in that cadre shall bei filled by the substantive appointment of persons included in the Select List for the Assistants' Grade in that cadre." Sub-rule (6).(a) provides that notwithstanding anything con tained in sub-rule (6), the substantive vacancies reserved for direct recruitment as on 30th June 1979 on each cadre against which nO direct recruits have been appointed till that date plus 50% of the number f such subStantive vacancies n the cadre may be filled by_ substantive appointments made after the date of commencement of Central Secretariat Service (Third Amendment) Rules, 1979, of persons included in the Select list for the Assistants' grade in that cadre. 99

. '

[276D ; 278C-D ; H ; 279A]

.. . l(ii) .. Rule 18, sub-rute(3) nlakes proyisioii for' the rule in the matter of fixation of inter se seniority for the Assistants• ·grade.

Direct recruits are to rank inter se in the order of merit in which they are placed in the com- . petitive exainination on the result of which recruitment is effecte~. ·· Recruits

of an earlier examination are to rank senior to those of a later examination& Persons appointed sbstantively to the grade from the select lis~ for that grade shall rank inter se according to the order in which they are so appointed and the inter se seniority between difect recrui.ts and persons su! stantively appointed to the grade for that grade shall be regulated in accordance with the provision made in the Fourth Schedule. c; ause 3 of Regulation 3 in the .. Founh Schedule provides that direct recruits to a grade .and persons substantively appointed to the Grade from the Select List for the Grade shall be assigned seniority inter se according to the quotas of substantive vacancies in t11e Grade reserved for direct recruitment and the appointment Of persons included in the Select List, respectively~ The proviso to Clause 3 of Regulation 3 providesthat persons appointed substantively in accordance wi.th the provi-

KARAM PAL v. tii-ir6i-i

sions of sub-rule (6) of rule 13 to the Grade from the Select Llst in any cadre in any year, against direct recruitment vacancies for which direct recruits_are not available shall be placed en bloc below the last direct recruit appointed . in that year irres;:iectivc .of the quotas reserved for direct recruits and persons included in the Select List.

[279FG ; 279H ; 280A]

2. (i) The Rules have held the field for 22 years now.

During this period direct recruitment had not been made only in two years being 1966 and 1970.

Though in the writ petitions a general stand had been adopted that direct recruitment had not been made in several years, after the counter affiddavit was filled and it was emphatically asserted .that excepting in these two years direct recruitment had been made in other years, there has been no challenge to that assertion.

There is no doubt that quota and rota. have got to go hand in hand and if the quota -is not properly' adhered to, the rota system must fail.

In fact, the scheme is such that it can operate in an appropriate way only when recruitment is effected through both the processes as envisaged. , In the instant case, the difficulty was experienced in working out the process with the quota fixed by the Rules had not been adhered to for one reason or the other and vacancies were being carried forward for being filled up in future years.

This situation necessitated insention of the first proviso to sub-rule (6) or rule 13 in August 1970 and the other proviso in 1977 as also sub-.rule (6) (a) in 1979.

The grievance voiced in these writ petitions obviously relates to a period prior to the modification of the scheme.

[280H ; 281AD]

2 (ii) Unless there is any serious failure in implementing the Rules and grave injustice is done to some individuals or a group of officers, it wquld not be proper to interfere with the \vorking of the scheme and dislocate the inter se seniority of the officers in these grades. No ma/a jides' has been pleaded nor has any grave injustice been established in the writ petitions.

At the most a case of improper working of the scheme with reference to some of the officers has been alleged.

Had-splitting arguinents, if accepted, might indicate that some of the petitioners have not been promotd to the grade of Section Officers as and when due.

This Court is of the view that if there has been substa"ntial con1pliailce in implementing the scheme under the Rules, jlidicial _interference is not called for.

[282BCJ

Dr. G. Marulasiddaiah v. Dr. T.G. Siddapparadhya & Ors. [1971] 1 S.C.C. 568, N.K. Chauhan & Ors. v. State of Gujarat & Ors. [1977] I S.C.R. 1037, Balefhwar Dass & Ors., etc. v. State af U.P. & Ors. [1981] I S.C.R. 449 & V.T. Khanzode & Ors. v. Reserve Bank of India & Anr. [1982] 3 S.C.R. \ 411 referred to. t


Neither in the writ petitions nor in arguments any challenge was

advanced against the vires of the Rules.

In the absence of challenge to the H Rules and the Regulations, resultant situations flowing from compliance of the

n 9ssU s.e.lt

A same are not open to attack.

Occasion for similar grievance would not arise in-future as the proviso in the relevant regulat; on and clauses (4) and {5) of the Regulation 3 will now meet the situation.

[280F-G]

B '

ORIGINAL JURISDICTION : Writ Petition Nos. 9328,9333/82 &

4830/83

(Under Article 32 of the Constitution of India)

R.K. Garg, V.J. Francis, for the petitioners.

Shanti Bhushan1 Miss A. Subhashini, A. Subba Rao for the Respondents.

S.N. Andley, S.S. Jouhar, R.N. Poddar, K.M. Sharma, Randhir Jain, J.D. Jain and Mrs. K. Kocher for the Intervene rs.

The Judgment of the Court was delivered by

RAWGANA TH M.sRA. J.

These 12 applications under Article 32 of the (; onstitution are by Assistants covered by the Central Secretariat Service Rules, 1962 ('Rules' for short), and challenge is to the select list for the grade of Section Officers for the years 1978, 1979 and 1980, and the common seniority list dated April 26, 1979, as also the provisional supplementary list of Assistants dated August 21,1980.

They have further prayed that the select list and seniorty list be re-published on the basis of length of continuous service in the grade of Assistants and promotion to the grade of Section Officers be granted from the dates when Assistants junior to them were promoted as Section Officers.

The Rules framed under the proviso to Article 309 of the Constitution came into force from October 1,1962.

Under the Rules, the Central Secretaria(Service was constituted and as per rule 3 there are four grad<s in the Service classified as follows:

(i) Selection Grade (Deputy Secretary to the Government

. of India or equivalent) ;

(ii) Grade !(Under Secretary to the Government of India or equivalent) ;

(iii) Section Officers ;

(iv) Assistants.

i .

I . , . KARAM PAL •. tiN!o1'1 (Rangiznath Misra,}.) Hs -

The fiist two grades are classified ai Central Civil' Servic~;' -r' • •• , , - • • - • ' • • - • • 'j -· '.

Grade 'A, while , the other two are known as ''the Central Civil Srvici:; Grade 'B' Ministerial. Posts in the first three'

-. ,' - • - - - • ' ' ,, 1 - 't grades. are gazetted while posts in the Assistants' Grade are'ricin~ gazetted. The' Rules contemplate that' there ' shall be" separtate' cadic8 in respect of Section Officers" grade and the 'Assistants' grad~: and iheie shall be censtituted for each Ministry or office, specified : iii; col. 2 of the First Schedule. Under rule 4, a single point" gradaticiii' list m respect of officers of the Selection Grade and Grade I. for1 all' the Ministries or' offices specified in col. 2 and for the offices 1 specP lied against such Ministries or offices in col. 3 of'. the' Schedule' is to be maintained. : The Rules contemplate direct recruitment as also promotion in respect of certain grades.

!. • f •• ;,;,

,_, '': J According to' the petitioners the quta 'rule '.had broken dow'n 1 as direct recruitment had not been made . in many years and on account of such failure, fixation 'of seniority with reference to the

rotionfm.eihod as not vilable to be follo,_:ed. 1 The. petitioners also contended. that select hsts as contemplated by the Rules had' notbeeii framed for.'qulte a long' period.and in' the' absence of silch' asefoct'list framed' in tim.e,' .select lists of' 197s'; 1979 and' 1980 prepared' witliout following' the: criterion' of length 'of ser\; ic'e 'of

---·~-~· - '"· . . •. ' . • }' ,

- l. ' . _, ._, •• - - ,, • • -' ·- 'j officers m the grade of Assistants was not only unfair and 'arbitrary bufwoi:ked out prejudicially to the petitioners. The min grievarii:i! of thepeiitloiiers' iri short is' that the sheme for fixatioi:i'of seniority and'

~ -.....~.-,.,",, !<" J -· ' '

I"•"'"---·-··'. ----.1 consequently the.provisions relating to promotion having not worked' ollt as'ci:intemplated,' the manner' of determination of seniority' should'

tieusua1" rule'' of total length' of service arid action taken' otherwise' should be sfruck down and seniority 'should, be directed to' be' re-'. dc:ieiillin'ed on the basis of iength of ser\.ice only,' ' ' ' ,, , . , , r ·," Ripnden'ti:<o. 1: 'U:nion of India; has 'cballeng6d'. these. allegatfolls by colitending that the miinner of fixation' of, seniority' iS'cove'red'by staiuiory'ru!es and the petitioners' are,' therefore; 'not'

entitled 'to' claim determination of seniofriy 'on the basis of ieiigtli''

ofservi~·;.the piea of the petiiioers that there had been rio dfreci' rccrllitmerit'for'several years is' denied" and ' it' has • ben' pleaded: "",; ., -. '' .. - - '. . '.. . -.. -- "''" -,_ f' that direct recrmts have come mto : the service m all years except'

only two, 'viz,; 1966 and 1970.

The qoia rule bas, 'therefoteji really noibroken dow~' as pleaded by the. petitioners' and l thi'' 'rules I ' having cotemplated"i' scheme of direct 'recruitment and" promotion,"

H' I qtlota aiid.roia' have: to work together.,.' Therefore; fixing seniOrltY'

StJPRiir.iE COURT REPORTS t198si 3 s.c.it.

with reference. to the rotatiopal method was not open to challenge.

The Rules have been in force for well over two decades. Great care has been taken in making provision in the Rules to safeguard the interests of the different groups and greater care has also been taken by the Department of Personnel in the Ministry of Home Affairs to give effect to the Ruies.

Since the officers are drawn from different Ministries for promotion and working out ihe scheme involves a.somewhat complicated process, as long as the policy under the Rules has been given effect to, the working should not be allowed to be attacked.merely on account of a casual failure to work up to mathematical precision. · I

Before we start examining the correctness of the rival contentions advanced on either side, it is appropriate that a detailed reference to the Rules is made in order to ascertain the scheme.

'Cadre' has been difined in rule 2, sub-rule (2) to mean the group of posts in the grades of Section Officer and Assistant in any of the Ministries or offi<0es specified in col. 2 of the First Schedule and any of the offices specified against such ll'inistry or office in col. 3 of that Schedule. 'Cadre Officer' in rule 2(g) iii relation to the Section Officers' grade or the Assistants' grade means a member of the service of the Section Officers' grade or Assistants' grade, as the case may be, and includes a tern porary officer approved for long term appointment to that grade. 'Long term appointment' means under rule 2(1) appointment for an indefinite period as different from a purely temporary or ad hoc appointment. Common Seniority List' has been defined in rule 2(hh) in relation to any grade to mean the seniority list of officers in that grade serving in aU the cadres specified in the First Schedule as on the appointed day any .revised from time to time in accordance with the regulations to he framed in that behalf by the Central Government. 'Probationer' has been defined in clause (o) of rule 2 to mean a direct recrut apr.ointed to a grade on probation in or against a substantive vacancy, and 'select list' under rule 2(q) is defined to mean the select list prepared in accordance with the regulations made under rule 12(4) or under the regulations contained in the Fourth Schedule.

Rule 8 contemplates the initial constitution of each cadre and provides that the permanent and temporary officers of the Section Officers' grade and the Assistants' grade in each cadre on the appointed day

ball be determined by the Central Government in the Department of

 kAkAM !>Ai. v:uN1bN (.kangaharh"Misra, J.) 277

'Personnel & Administrative Reforms in the Minsitri of Home A Affairs.

Ruic 12 makes provision for recruitment to selection grade and grade I. We are not concerned with this rule in the present cse as the dispute is raised by Assistants and the promotional rank to which claim has been laid is that of Section Officer.

For them rule 13 is the relevant rule. Sub-rules (!) to (5) relate to Section Officers while the remaining sub-rules (6) to (IO) relate to Assistants.

At the time when the Service was constituted sub-rule (I) read thus :

"Subject to the prov1s1ons of sub-rule (3), for a period of five years from the appointed day, 1/4 of the substanti,_e vacancies in the Section Officers' grade in any cadre and thereafter, 1/3 of the substantive vacancies in that grade,· shall be filled by direct recruitment on the results of the .. competitive examinations held by the Commission for this purpose from time to time ..... -':

Sub-rule (I) of rule 13 as it now stands reads thus:

"1/6 of the substantive vacancies in the Section Officers' grade in any cadre shall be fiJled up by direct recr.uitment on the results of the competitive examintions held by the Commission for this purpose from time to time. The remaining vacancies shall be filled by the substantive appointment of persons included in the select list for the Section Officers' grade in that cadre. Such appointments shall be rpade in the order of seniority in the select list except when for reasons lo be recorded in writing, a person is not considered fit for such appointment in his turn."

It is thus clear that the proportion of direct recruits has been reduced from the initial I/4th or.I/3rd tci the . present

I/6th.

Sub-rule (2) of rule 13 prescribes: "Temporary vacancies in the Section Officers' grade in any cadre shall be filled by the . appointment of persons included or approved for inclusion in the select list for the Section Officers' grade in that cadre. Any vacan~ cies remaining thereafter shall be filled in equal proportion from .among the (a) officers of the Assistants' grade who have rendered H

sul>R~Ma cOURT Rfu>oRfS

not Jess than 8 years' approved service in the grade and are within the range of seniority on the basis of seniority subject to the rejection of the unfit ...... and (b) officers of lhe Assistants' grade in that cadre with the longest period of continuous service in that grade on the basis of.length of service subject to the rejection of the unfit.~' Sub-rule (5) prescribes the preparation or a select list of Assistants for promotion to the Section Officers' grade and the manner of preparing and revising the select list has been set out in the Fourth Schedule.

Sub rule ( 6) prescribes that 50% of the vacancies in the Assistants' grade in any cadre is to be filled by direct recruitment on the results of the competitive examinations to be conducted by the Commission from time to time and the remaining vacancies are to be filled by substantive appointment of i; ersons included in the -select list for the Assistants' grade in that cadre. Such appointments are to be made in the order of seniority in the select list except when for reasons to be recorded in writing, a person is not considered fit for appointment in his turn. When difficulties were experienced in working out the rule, two provisos were added to sub-rule (6), one with effect from December 15, 1979. These were to the following effect :

"Provided further that substantive vacancies in any cadre reserved for direct recruitment on the appointed day against which no direct recruits have been appointed may be filled by substantive appointments made after the date of commencement of the Central Secretariat Service (Third Amendment) Rules, 1970, of persons included in the Select List for the Assistants' grade in that Cadre.

Provided also that if sufficient number of candidates are not available for filling up the vacancies in a cadre in any year by direct recruitment as aforesaid, the unfilled vacancies in the direct recruitment quota in that cadre shall be filled by the substantive appointment of persons included in the Select List for the Assistants' Grade in that cadre."

Sub-rule (6) (a) which was inserted along with the latter proviso authorised : "Notwithstanding anything contained in sub-rule (6), the substantive vacancies reserved for direct recruitment as on 30th June 1979 on each cadre against which no direct recruits have' been appointed till that date plus 50% of the number of such

_,.._

'fsubstantive vacandes in the cadre may be filled by substantive appointments made after the date of commencement of Central Secretariat Service (Third Amendment) Rules, 1979, of persons

i~Clded.in the select list for the Assistants' grade in that cadre."

Uder r;, I~ 15 every dire~! recruit to the grade of Assistant is Initially to be appointed. on probation for the period of two years from•the date of appointment and every person other tban.a, direct recruit when he is appointed would be on trial for a, period of two years also. Rule 16 makes provision for confirmation of pro]Jationers subject to passing of prescribed tests .and satisfactpry <:ompletion of probation.

Rule JS.prescribes seniority in the different grades , as .. on the appointed day. Sub-rule (]) indicates that relative seniority shall be as already determined on that day and if there had been no such determination the same has to be determined by.the Department of Personnel & Administrative Reforms.

Sub-rule (2) provides .that all permanent officers included in the initial constitution- . of a grade.shall rank senior to all persons substantively appointed. to that grade. after the appointed day and all tempor•ry officers included in. the initial constitutfon of a grade under ruie 8 shall rank seriior to all temporary officers a npointed to that grade after the appointed day.

Rule 18. sub-rule (3) makes provision for the rule 'ht 'the mailer of fixation of inter se seniority for the Assistants' grade. Direct recruits are to rank inter se in the order of merit in whkh they are placed in the competitive examination.on the result which recruitment is effected. Recruits of an earlierexamination are to rank senior to those of a later examinatfon. ' Persons appoi-\ nted substantively to the grade from the select list for that grade shall' rank inier se according to the order in which they are so appointed and the inter se seniority between direct recits and persons substantively appointed to the grade for that grade shall be regulated In accordance with the provisio~ made in"'the Fourth

Scheule. ·

.. Regulation 3 in the Fourth Schedule deals with seniority . .Clause 3 of this regulation provides :

"Direct recruits to a Grade and persons substantively appoi-

0 i:tted to the Grade from the. Select List' for the Grade shall . be;, 11ssigne.d seniority iter se according to the quotas of

ubstantive vacancies in the Grade reserve\! for direct

H .'.

SUPREME COURT REPORTS


recruitment and the appointment of persons included iii the

Select List, respectively,"

From December 1977, contemporaneously with the insertion . . of the.second proviso to rule 13(6) of the Rules, the following was added as a proviso to claMse 3 of Regulation 3 : • . "Provided that persons appointed substantively in accord

ance. with the provisio.ns of sub-rule (6) of rule 13, to the Grnde from the Select List in any cadre in any year, against direct recruitment vacancies for which direct recruits are not available shall be placed en bloc beiow the last direct recruit appointed in that year irrespective of the

'qotas reservel! .for direct recruits and persons included in the Select List."

In Course of the hearing counsel for the petitioners referred to instances where a direct recruit coming into the cadre several years after' others coming in.to the cadre from the Select List had been assigned seniority over such promotees. This was explained by counsel for the respondents to have been the outcome of giving effeCt 'to clause 3 of Regulation 3 as it stood prior to December; 1917 without the proviso. The instances relied upon were found to be events prior to the introduction of the proviso. In the absence Of chnllenge to the Rules and the Regulations, resultant situations flowing from compliance of the. same are not open to attack.

Occasion for . sirriilar grievance would not arise in future as the provisc:hin the relevant regulation and clauses (4) and (5) of the Regulation 3 will now meet the situation.

Neither in the writ petitions nor in arguments before us any cha Henge was advanced against the vires of the Rules. One of the known. patterns of constituting public service, particularly in the executive.side,· is to draw officers both by promotion as also by direct recruitment. The proportion is fixed depending upon the nature of the service, the availability of suitable manpower and otb.er relevnt. considerations. The petitioners have, therefore, rightly tioi chailenged before us the scheme under which a moiety of the substantive vacancies in the Assistants' grade is to be filled by direct recruitment and the other by promotion through select lists . . , ' , .. ~, - ' .. Tbe Rules have held the field for 22 years now. During this

peri~?.'dirc.l 're_cruitmet had not been made only in two years

being 1966 and 1970.

Though in the writ petitions of general stand had been adopted that direct recruitment bad not been made in several years, after the counter affidavit w"as filed and it was1 empbaticallyasserted that excepting in these two years direct recruit-' men.t bad been made in other years, there bas been no challenge to that assertion.

We agree with the contention that quota and rota ha'; e got togo hand in hand and if the quota is not properly adhered. to, tbe:rota system must fail.

Jn fact, the scheme is such that it can operate in an appropriate way only when recruitment is effected through both the processes as envisaged.

As we have already pointed out, difficulty was experienced in , working out the process when the quota fixed by the Rules had~ not been adhered to for one reason or the other and vacancies were being carried forward for being filled up in future years.

This situation necessitated isertion or" the first proviso to subrule (6) of rule 13 in August 1970 and the other proviso in 1977 as also subrule (6) (a) in 1979.. The grievance voiced in these writ petitions obviously relates to a period prior to the modification of the scheme .

.The petitioners had. inter aria, prayed for the relief of striking down the select lists and for direction that the select Fsts be reframed on the basis nf the length of continuous service in the grade'l

of Assistants.

Tn view of what we have said rej!arding the Claim of seniority on the basis of length of continuous service. it is not at all necessary to exam; ne the validity of that contention and give any direction regardin~ the select lists. particularly because the claim relA.ting to recon"ideration of se-Ject lists wfls rounded upon length of continuous service.

Nnthing was also shown in courc::e of arguments ns to why the select lists were hed.

Tn fact. unless the Rules and Renlations are successfully assailed. the select lists are not at all disputable.

The field which these Rules cover is indeed very wide one.

Assistants in all the Ministries or offices specified in the First Schedule are covered by the Rules.

With a view .to maintaining the . effic.iency of the service and at the same time to meet the requirements afid exigencies of the service. senarate cadres have been formed in respect of Assistants and Section Officers in the different Ministries and offices attached to such Ministries.

Notwithstanding the fact that these cadres are different, the scheme make~, :provision for pro-

Al..

•I D'

SUPREME COURT REPORTS £19851 3 s.c.Jt.

motional avenue taking all of them into consideration. Obviously, working it out keeping in view the interests of so many employees in the different cadres is indeed a very onerous and difficult task.

This has. therefore, been assigned to the Department of 'Personnel.

Unless there is any serious fhilure in implementing the Rules and

grave injustice is done to some individuals or a group of 6fficers, we do not think it would be proper to interfere with the working of, the scheme anµ dislocate the inter Se seniority of the officers'in these grades. No ma/afides has been pleaded nor has any grave injustice been established in the writ petitions. At the most a case of improper working of the scheme with reference to some of the officers has ·-till been aJleged.

Hairsplitting arguments, if accepted, might indicate that some of the. petitioners have not been promoted to the grade of Section Officers as and when due.

We are of the view that if there bas been substantial compliance in implementing the scheme un'der the Rules, judicial interference is not called for.

In a vast country such as ours, a strong and independent bureaucratic set up is indispensable.

At the same time it is equally necessary that the service from top to bottom must be alive to the fact that it is its obligation to maintain proper attitudes, discipline acd duty-oriented working.

While it is the. right of every person in the Service set-up to expect just and fair treatment in regard to bis employment, frequent litigation between him and the State involving countless other co-employees in the Service in the battle is a deviation from the right direction. It is true that very often instances come to light where the, grievance is genuine and the treatment meted is unwarranted and uncalled for. Government in a democratic polity runs on impersonal basis but on the cardinal code that every one shall perform bis duty.

We may recall what this Court observed in Dr. G. Marulasiddaiah v.

Dr., T.G. Siddapparadhya & Ors. ; -)

.. "The canker of litigiousness bas spread even to a sphere o.f life 'where discipline should check ambition concerning personal preferment. A teacher is justified in takil!g li; gal G action when he feels that a stigma or punishment is undeserved but be is expected to bear with fortitude and reconcile himself to his lot suppressing disappointment when be; finds .a"co-worker raised, to a position which be himself aspired

after."

H -------------- (1)

(1971) I S, C, R, 568.

There has been a phenomenal rise in service disputes i.n the lastthree decades.

It is time that serious attention is devoted to discover the reason for it and take effective steps to ensure curtailment thereof.

Whether such litigations come before courls or tribunals is of no consequence here. Frequent litigations between the

State and itnmployees uliimately affect the efficiency of the service and bring about indiscipline, lack of loyalty and an attitude of indifference.

In the course of "arguments reference was made to certain decisions of this Court.' I~ N.K. Chauhan & Ors. v. State of Gujarat & Ors.,(I) this Court held that the quota system does not necessitate the adoption of the rotational rule in practical application and many ways of wo1 king out quota prescribed can be devised of which rota is certainly one. It .was further held that while laying down a quota when filling up vacancies in a cadre from more than one source, it is open io Government •. subject to tests under Article 16, to choose 'a year' or other period or vacancy by vacancy basis, to work out (he quota among the sources.

But once the Court is satisfied, examining the constitutionality of the method proposed, that there isno invalidity, administrative technology may have free play in choosing one or the other of the familiar processes of implementing the quota rule. This Court did indicate that as Judges we cannot strike down a particular scheme because it is unpalatable to forensic taste. This Court further pointed out that ordinarily seniority is measured by length of continuous officiating service. This, however; does not preclude a different prescription, constitutionality tests being satisfied. When the Court found that promotees had been appointed in . excess of their quota, the following direction was given:

"i>ro'motees who have been fitted into vacancies beyond 'their quota during the period B - the year being regarded as the unit - must suffer survival as invalid ippointees acquiring new life when vacancies in their.quota ran to., be filled up.

To that extent they will step down, rather be pushed down as against direct recruits who were later .but regularly appointed within their quota."

(I.) [19771 I S.C.R. 1037.


The rationale of this decision is indeed very much against the contentions of the petitioners .

• Reference was also made to the case of S.B Patwardhan & Ors. etc. v. State of Maharashtra & Ors. (1), The dispute that fell for adjudication in that case was one of seniority in the cadre of Deputy Engineers and grievance had . been laid that notwithstanding the length of continuons service. later appointees had been shown as senior. Attention in the decision was mainly confined to the terms of the provisions of the Rules applicable to the State Engineering Service. In the view we have taken of the matter this decision indeed does not help the petitioners.

Next is the case of Ba/eshwar Dass & Ors., etc. v. State of U.P. & Ors., (2) etc. This Court pointed out that for the purposes of seniority appointment o the service in a substantive capacity was necessary. But that again was said with reference to Rule 23 of the U.P. Service of Engineers (Junior and Senior Scales - Irrigation Branch) Rules.

This Court in V.T. Khanzode & Ors. v. Reserve Bank of India & Anr., (S)took not of the fact that " no scheme governing service matter can be fool-proof and some section or the other of employees is bound to feel aggrieved on the score of its expectation being falsified or remaining to be fulfilled.

Arbitrariness, irrationality, perversity indinala ffides will of course render any scheme unconstitutional but the fact that the scheme does not satisfy the expectations of eve; y employee is not evidence of these.''

Next is the case of A. Janardhana v. Union of India & Ors.(<) That was a case relating to dispute of inter se seniority of direct recruits and promotees in the Military Engineering Service. Seniority lists drawn up earlier on the basis of length of service including continuous officiation were subsequently altered to lists based on quota

betwen direct recruits and promotees _leading to rota for confirmation and this led to the dispute. The Court found that some of the officers had been promoted prior to the enforcement of the Rules --------------

(ll r19s11 1 s.c.R. 449.


. 'H (3)


in 1969. The Rules bad no retrospective effect and, therefore,

I ' seniority lists drawn up prior to the enforcement of the Rules were not open to be revised and re-drawn up after the Rules became operative . The Court further found that the quota rule had not been worked out and , if, •rotational '.confirmation was to be done, many of the employees considered hitherto senior would be very badly affected.

Here again we must point out that this decision has no app1ication to the facts before us since on the finding reached by us the'qtiota rule was substantially'cornplied with. .

The writ petitions must accordingly fail. We make no order for costs . . '

. ,

M.L'.A.

Petitions dismissed

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