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        Central Excise

        1999 (2) TMI 142 - SC - Central Excise

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        Promotion quota roster rules: vacancies follow the running cycle, and feeder-category identity does not revive after promotion. Promotion quotas governed by a roster are filled according to the running cycle of vacancies, not by preserving a constant source-wise balance after an ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                            Promotion quota roster rules: vacancies follow the running cycle, and feeder-category identity does not revive after promotion.

                            Promotion quotas governed by a roster are filled according to the running cycle of vacancies, not by preserving a constant source-wise balance after an officer moves to Group A. A promoted officer loses the identity of the feeder category, so a vacancy arising from retirement in the higher cadre is not earmarked again for the same feeder channel. The fixed 6:1:2 quota remains operative until validly amended or freshly determined, and cannot be altered through a miscellaneous application. The challenge to the quota interpretation therefore failed, while implementation directions were issued separately.




                            Issues: Whether the quota of 6:1:2 for promotion from the three feeder categories to Group A required that vacancies caused by retirement of a promotee in Group A be refilled from the same feeder category, and whether the existing quota could be altered without a fresh determination or amendment of the rules.

                            Analysis: The quota fixed by the Government's proposal and reflected in the amended rules was held to be a cycle-based roster for filling vacancies as they arise, not a requirement that the promoted cadre must always maintain a constant numerical balance of 6 out of 9 from one feeder channel. Once officers are promoted to Group A, they lose the identity of their feeder channel, and a vacancy created by retirement in Group A is not earmarked again for the same feeder category. The Court distinguished reservation principles from ordinary quota rules and applied the roster-point approach to hold that vacancies must move onward in the prescribed cycle. The Court further held that a fixed quota remains operative until altered by a proper amendment or fresh determination; a party dissatisfied with the existing quota must pursue the appropriate legal steps for change.

                            Conclusion: The challenge to the interpretation of the 6:1:2 quota failed, and the quota was held not to require replenishment from the same feeder category on retirement of a promoted officer. The existing quota could not be changed through the miscellaneous application and would continue until duly altered.

                            Final Conclusion: The writ challenge was rejected on the merits, while limited directions were issued for implementation of the earlier judgment and a separate application was disposed of according to its own relief.

                            Ratio Decidendi: In a promotion quota governed by a roster, vacancies are filled according to the running cycle of the quota and not by tracing the source of the officer who vacated the higher post, and a fixed quota continues until validly amended or freshly determined.


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                            ActsIncome Tax
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