9911796707
TMI Blog1998 (12) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... es which are required to be filled up or not filled up, while maintaining the ratio of 50:50 between promotees and direct recruits. - 1328 of 1995 - - - Dated:- 3-12-1998 - Sujata V. Manohar and G.B. Pattanaik, JJ. [Order]. - The respondent appeared in the I.A.S. and Allied Services ex- amination in the year 1974. He passed that examination and was placed at S. No. 221 in Category III. Candidates upto S.No. 198 were accommodated in Class I service on the basis of the available vacancies. Since the respondent was at S.No. 221, he was accommodated in Class II service in the Customs Department. 2.With effect from 10-11-1976, he was working as Customs Appraiser (Class II) in the Bombay Customs House. In 1983, the respondent made a r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailable to direct recruits on the basis of 50% quota were notified. The position has been rectified from the year 1990. The appellants also accept that had temporary vacancies of long duration been taken into account in 1974, 97 vacancies should have been notified. The Tribunal has, in this connection, rightly referred to a memorandum issued by the Central Board of Revenue dated 20-4-1953 in which the procedure for confirmation, promotion, reversion, retrenchment etc. in grades which are filled partly by direct recruits and partly by promotions, has been laid down. This memorandum clearly mentions that in filling up the permanent vacancies and long term vacancies and vacancies which though temporary in the first instance, are likely to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 1974 were announced. If the vacancies are found to be large enough, he may be allotted the notional position and seniority along with other entrants who were appointed on the basis of 1974 examination. However, this relief will not entitle the respondent to benefits of pay and allowances of the post of Assistant Collector against which he had worked till his promotion to that grade. 6.The appellants submitted before us with some justification, that in a writ petition which was filed in the year 1985, appointments which were made as far back as in the year 1974, ought not to have been disturbed. If a similar relief is to be granted to all those who were in the merit list of 1974 of I.A.S. and Allied Services examination and who were pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... away the benefit which the respondent has actually obtained under the orders of the Tribunal. 7.We do not think that it would be fair to the respondent to take away the benefit which he has secured on the basis of the contentions which are accepted as justified. We, therefore, maintain the relief which has been granted to the respondent. But obviously after this lapse of time. Such relief cannot be granted to anybody else. 8.One intervention application is before us which was filed in the year 1996 by a person who was recruited in the year 1975. The appellants have also pointed out that after the decision of the Tribunal in the present case, they have received a number of representations from other persons who were appointed during the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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