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AMICUS AI
Citation Codes
Neutral Citations
1981 INSC 116
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Central Civil Services Regulations, Article 26(7)(iii)
  • Constitution of India, Article 309 proviso
  • Articles 14 and 16, Constitution of India
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Cites
Cited by
Citation Codes
Neutral Citations
1981 INSC 116
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Central Civil Services Regulations, Article 26(7)(iii)
  • Constitution of India, Article 309 proviso
  • Articles 14 and 16, Constitution of India
Smart Summary

Factual and Procedural Background

The judgment concerns challenges mounted by certain employees of the temporary Aviation Research Centre (ARC) Organisation—comprising both direct recruits and officers on deputation— against various provisions of the Aviation Research Centre (Technical) Services Rules, 1976 (“the Rules”). Before the Rules came into force, all personnel were serving the Organisation only on a temporary and ad-hoc basis. Upon creation of the permanent ARC (Technical) Service, the Government framed Rule 6 to regulate the initial constitution of the new cadre, its Screening Committee, and the fixation of inter-se seniority. Aggrieved employees filed the present petition questioning the constitutional validity of several provisions, mainly Rules 6, 7, 8 and 12. The court delivered the impugned opinion while disposing of that petition.

Legal Issues Presented

  1. Whether Rule 6(1), which allows both deputationists and direct recruits to be absorbed in the new Service, violates Articles 14 and 16 of the Constitution.
  2. Whether Rule 6(2), empowering a Screening Committee under the “Controlling Authority” to adjudge suitability and fix seniority, amounts to excessive delegation or suffers from arbitrariness.
  3. Whether the seniority criterion based on length of prior service—favouring deputationists—offends Article 16.
  4. Whether principles of natural justice require the Screening Committee to invite and consider individual representations while assessing suitability.
  5. Whether the ancillary provisions concerning absorption in lower grades (Rule 6(6)), seniority (Rule 7), methods of subsequent recruitment (Rule 8 & Schedule II) and non-application of CCS Regulation 26(7)(iii) (Rule 12) are ultra vires.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

1. Rule 6(1) – Equality and source of recruitment: The Government, when constituting a new service, has unquestioned policy discretion to decide the sources from which personnel will be drawn. Both deputationists and direct recruits had been serving the temporary ARC Organisation on the same ad-hoc footing. Rule 6(1) provided an equal opportunity for permanent absorption, subject only to fitness determined by the Screening Committee. Consequently, the provision was held consistent with Articles 14 and 16.

2. Rule 6(2) – Delegation and arbitrariness: The Screening Committee mechanism was found “absolutely reasonable”. The Controlling Authority—identified as the Secretary, Department of Cabinet Affairs—was authorised only to issue general or special instructions, a safeguard ensuring uniformity. Vesting such supervisory power in a senior official created a presumption of fair exercise, negating any charge of excessive delegation.

3. Seniority principle: At the date of the Rules, direct recruits lacked substantive lien elsewhere, whereas deputationists retained permanent posts in their parent departments. Recognising them as two distinct classes, the Government adopted length of continuous service in the relevant or equivalent grade as the yardstick for seniority. The court held this criterion to be rational, experience-oriented, and therefore immune to Article 16 scrutiny.

4. Natural justice objections: The Screening Committee’s task was confined to evaluating existing service records for suitability. In such an administrative exercise, the law did not impose an obligation to invite personal representations. Hence, the principles of natural justice were inapplicable.

5. Other impugned provisions: • Rule 6(6) (absorption in lower grade) applies equally to both groups only when vacancies in the higher grade are unavailable—thereby valid.
• Rule 7 (seniority) and Rule 8 with Schedule II (methods of filling future vacancies) were within the President’s rule-making power under the proviso to Article 309.
• Absorption of deputationists at initial constitution was not an “appointment by transfer”; therefore, CCS Regulation 26(7)(iii) had no application (Rule 12).
• Temporary, ad-hoc appointees had been expressly informed that their appointment conferred no right to permanent absorption or promotion; thus no enforceable expectation arose.

6. Administrative discretion and experience-based promotion: Preference initially shown to deputationists in ad-hoc promotions was justified by their prior specialised experience and did not infringe constitutional equality guarantees.

Holding and Implications

DISMISSED – The petition challenging the validity of the Aviation Research Centre (Technical) Services Rules, 1976 was rejected in its entirety.

Implications: All assailed rules—particularly those governing initial absorption, seniority, and future recruitment—remain operative. The judgment merely upholds existing regulations and does not craft new precedent beyond reaffirming the Government’s discretion in forming services and fixing seniority principles.

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    S.S Moghe And Others v. Union Of India And Others

    Rule 6(1) of the Rules read thus:

    “6. Initial Constitution.—(1) All persons holding, as on the appointed day, any one of the categories of posts specified in Rule 4, whether in a permanent or temporary or officiating capacity or on deputation basis, shall be eligible for appointment to the service at the initial constitution thereof.”
    Held :
    When a new service is proposed to be constituted by the government, it is fully within the competence of the Government to decide as a matter of policy the sources from which the personnel required for manning the Service are to be drawn. It is in the exercise of the said power vested in the government, that the impugned provision has been made by sub-rule (1). The direct recruits as well as deputationists were all functioning in the temporary ARC Organisation on an ad hoc basis. Equal opportunity was given to all of them by sub-rule (1) of Rule 6 to get permanently appointed in the new ARC (Technical) Service subject to their being found fit by the Screening Committee referred to in sub-rule (2). Therefore, Rule 6(1) cannot be said to be violative of Articles 14 and 16.
    (Para 29)
    Labour and Services — Seniority and promotion — Screening Committee to work subject to instructions of Controlling Authority — Provisions regarding, in Rule 6(2) of Aviation Research Centre (Technical) Services Rules, 1976 for adjudging suitability of candidates — Held, Rule 6(2) does not suffer from vice of excessive delegation of powers — Administrative Law — Delegated legislation
    Labour and Services — Seniority and promotion — Length of service rule — Deputationists and direct recruits forming two different classes — Promotion on the basis of length of service in the concerned or equivalent grade in the organisation itself or in any other department under Rule 6(2) of Aviation Research Centre (Technical) Services Rules, 1976 — Deputationists having longer period of service in their parent departments getting seniority over the direct recruits for the purpose of promotion — Held, Rule 6(2) not violative of Article 16, Constitution of India
    Administrative Law — Administrative action — When supervisory power is vested in a high Government officer, such power is deemed to be exercised reasonably and not arbitrarily

    Rule 6(2) of the Rules read thus:

    “The Controlling Authority shall constitute a Screening Committee in respect of each grade for adjudging the suitability of persons, who, being eligible to be appointed to the Service under sub-rule (1) were serving in any grade immediately before the initial constitution of the cadre, for permanent appointment therein and every committee so constituted shall, subject to such general or special instructions as the Controlling Authority may give and after following such procedure as the committee may deem fit, prepare lists of persons considered suitable for such appointment in each grade with the names of such persons arranged in the order of seniority based on the date of continuous appointment in the grade in which they are to be absorbed or in an equivalent grade:
    Provided that if the Controlling Authority deems it necessary so to do, the same committee may be constituted to function in relation to two or more grades.”
    Held :
    (1) The provision for constitution of a Screening Committee for adjudging the suitability of the persons in the field of eligibility for permanent appointment to the Service is absolutely reasonable. The power conferred on the controlling authority to issue general or special instructions to a Screening Committee is really in the nature of a safeguard for ensuring that the rules relating to the initial constitution of the Service were applied fairly and justly. The “Controlling Authority” is the “Secretary, Department of Cabinet Affairs”. When supervisory powers are entrusted to such a high and reasonable official, it is reasonable to assume that they will be exercised fairly and judiciously and not arbitrarily. Therefore, Rule 6(2) cannot be said to be suffering from the vice of arbitrariness or excessive delegation.
    (Para 30)
    (2) In the present case on the date of promulgation of the Rules and initial constitution of the Aviation Research Centre (Technical) Service, the direct recruits as well as the deputationists were all holding the various posts in the Organisation only on a temporary and ad hoc basis. While the direct recruits had no substantive lien in respect of or title to any post in any department, the deputationists were having a lien on the posts held by them in their parent departments. The direct recruits, therefore, formed a different class consisting of persons who were virtually being recruited for the first time into regular Government service, as distinct from the deputationists who had been holding posts in their parent departments for several years on regular basis. When recruitment to the new Service was being made from two different classes of sources, it was necessary for the government to evolve a fair and reasonable principle for regulating the inter se seniority of the personnel appointed to a new department. The criterion applied, namely the quantum of previous experience possessed by the appointees measured in terms of the length of continuous service put in by them in the concerned or equivalent grade is perfectly relevant to the purpose underlying the framing of the rule. This principle was quite reasonable and fair and it did not involve any arbitrary or unfair discrimination against the petitioners.
    (Para 31)
    Labour and Services — Seniority and promotion — Screening Committee — Constituted for adjudging suitability of candidates for promotion — Held, Committee not obliged to invite representations from eligible candidates and consider the representations while adjudging their suitability — Aviation Research Centre (Technical) Services Rules, 1976, Rule 6 — Administrative Law — Natural justice
    Held :
    The function entrusted to the Committee was to adjudge the suitability of persons who were holding posts in the different grades in the temporary ARC Organisation for permanent appointment in the newly constituted ARC (Technical) Service on the basis of the records relating to their past performance in the ARC Organisation, etc. The principles of natural justice cannot get attracted in such a context. The law does not cast any obligation on a committee discharging such a function to invite representations from the persons in the eligible categories and consider those representations while adjudging their suitability for appointment into the new service.
    (Para 34)
    Labour and Services — Absorption in lower grade — Provision regarding in Rule 6(6) of Aviation Research Centre (Technical) Services Rules, 1976 — Applies to deputationists and direct recruits equally in case of non-availability of vacancy in higher grade and not in case of unsuitability for absorption in higher grade
    (Para 41)
    Labour and Services — Seniority and promotion — Aviation Research Centre (Technical) Services Rules, 1976 — Rule 7 — Held, valid
    (Para 32)
    Labour and Services — Appointment — Filling of vacant posts — Rule 8 and Schedule II of Aviation Research Centre (Technical) Services Rules, 1976 providing methods in this regard, held, valid — Constitution of India, Article 309 proviso
    Held :
    At the time of constituting a new service and laying down the mode of appointment to the various posts, it was fully within the powers of the President of India to prescribe the methods by which vacancies arising in the different categories of posts in the department should be filled up and this is precisely what has been done as per Rule 8 and the provisions of Schedule II.
    (Para 33)
    Labour and Services — Appointment — Absorption of erstwhile deputationists in a Service at the time of its initial recruitment, not being “appointment by transfer”, held, provisions of Article 26(7)(iii) of Central Civil Services Regulations is not applicable — Aviation Research Centre (Technical) Services Rules, 1976, Rule 12
    (Para 40)
    Labour and Services — Seniority and promotion — Higher post — Right to — Appointment made to a post on temporary and ad hoc basis without conferring any right to be permanently absorbed in the post if and when made permanent — No executive order or administrative instruction declaring the post as feeder category for appointment to higher post existing — In the circumstances, held, such appointees have no legal right or claim for being appointed by promotion to higher post
    (Para 27)
    Labour and Services — Seniority and promotion — Deputationists and direct recruits — Temporary organisation set-up by way of task force on ad hoc and experimental basis for the purpose of carrying out certain functions of a highly specialised and sensitive nature — Suitable deputationists having special qualification and experience offered promotion posts on ad hoc basis — Subsequently, suitable direct recruits who gained sufficient experience also appointed to promotion posts on ad hoc basis — Preference thus given to deputationists in the promotions which is based on their past experience, held, not violative of Articles 14 and 16 of the Constitution of India
    (Paras 27 and 28)
    Labour and Services — Appointment — Deputation — Service created on temporary and ad hoc basis having no recruitment rules — Government can draw suitable persons from any source irrespective of the position occupied by such appointees in their parent department — Relevant consideration for the appointment should be suitability of the incumbent for the particular job
    (Para 39)
    Labour and Services — Seniority and promotion — Expectations regarding — Appointment letter clarifying that the appointment was temporary and ad hoc conferring no right to permanent absorption — No representation made holding out any prospects of permanent absorption or promotion — Subsequent offer for permanent absorption accepted only after gaining full knowledge about the relevant rules — In the circumstances, promotion of other incumbents cannot be challenged on the ground that government backed out from its promise for future promotional prospects — Temporary
    (Para 37)
    Petition dismissedR-M/5422.CL

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    S.S Moghe And Others v. Union Of India And Others
    (May 8, 1981)