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TMI Blog1961 (4) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner, an Income-tax Officer, in the service of the Government of India has filed this petition for protection of his fundamental rights under article 14 and article 16 of the Constitution which he claims to have been violated by the respondent, the Union of India. The petitioner who was appointed an income-tax inspector in the Income-tax Department of the Government of India in 1943 became an In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er posts. They could obtain such promotion only after having first reached the status of Class I Officers. A percentage of the vacancies in the posts of Class I Officers was to be filled by promotion of Class II officers and the rest by direct recruitment. It may be mentioned that officers in Class II are eligible to compete for the direct recruitment, provided the requirements as regards age and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an infringement of article 16. Thus, if, of the Income-tax Inspectors some were made eligible for promotion as Income-tax Officers and others were not, there would be legitimate ground for complaint that article 16(1) has been violated. No such complaint can however be reasonably made, if, for example, all Income-tax Inspectors are eligible under the rules for promotion to the post of Income-tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ernment service there can be no question of equality of opportunity. It is fantastic to suppose that article 16 of the Constitution forbids the creation of different grades in the Government service ; that is what the petitioner's argument amounts to. The contention that article 16 has been violated because Class II Income-tax Officers are not eligible for promotion to higher posts, like the posts ..... X X X X Extracts X X X X X X X X Extracts X X X X
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