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Smart Summary

Factual and Procedural Background

The applicants filed an Original Application challenging the order No.C-18011/30/2007-Ad.II dated 19.11.2010, which granted promotions to juniors of the applicants to the post of Deputy Commissioner of Customs and Central Excise effective from 10.12.2006. The applicants contended that this order violated directions issued by the Jodhpur Bench of the Central Administrative Tribunal in OA No.154/2004 dated 05.02.2010. The Tribunal had directed the respondents to rationalize promotions of general category eligible candidates to vacant posts of Assistant Commissioners by adhering to the roster/reservation quota as per prescribed norms and Government of India directives. The respondents had promoted SC/ST candidates beyond prescribed quotas and without proper application of the roster system, causing dissatisfaction among general category candidates.

The respondents contended that unreserved vacancies cannot be denied to SC/ST candidates and that reservation instructions should not override the interests of general category candidates. However, the Tribunal found the respondents’ approach arbitrary and contrary to legal and administrative instructions, including DoPT circulars and Supreme Court judgments. The Tribunal emphasized the need to rationalize promotions, calculate vacancies properly, and adhere strictly to the roster system to avoid bypassing eligible general category candidates.

Despite the Jodhpur Bench’s directions, the respondents only partially complied by considering the dismissal of the OA but not the substantive observations requiring rationalization of promotions. Consequently, the present OA was disposed of with directions to the respondents to take appropriate action within two months.

Legal Issues Presented

  1. Whether the promotion orders granting elevation to juniors in violation of roster and reservation norms are legally valid.
  2. Whether the respondents complied with the directions of the Jodhpur Bench of the Central Administrative Tribunal regarding rationalization of promotions and adherence to roster system.
  3. The legality of promoting SC/ST candidates beyond prescribed quotas and without applying post-based reservation rosters.
  4. The applicability and interpretation of relevant Supreme Court judgments and DoPT circulars in the context of promotions and reservation.

Arguments of the Parties

Applicants' Arguments

  • The impugned promotion order violated the Tribunal’s directions to rationalize promotions according to roster and reservation norms.
  • Promotions granted to juniors, especially SC/ST candidates, were in excess of the prescribed quota and ignored senior eligible general category candidates.
  • The respondents failed to apply post-based reservation rosters as mandated by DoPT circulars and Supreme Court judgments.
  • Promotion orders dated 10.12.2002 and 01.02.2003 require careful scrutiny and correction to ensure rightful placement of applicants and similarly situated officers.

Respondents' Arguments

  • Unreserved vacancies cannot be denied to SC/ST candidates on the ground that the post was not reserved.
  • Reservation instructions should be followed but not at the cost of general category candidates’ interests.
  • Promotion of reserved category candidates beyond prescribed quotas was justified as adjustments for backlog.
  • There were only 10 vacancies in the grade of Assistant Commissioners, and the department’s norms and Government of India directives would be suitably followed.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
R.K. Sabharwal Vs. State of Punjab & Others, 1995 AIR (SC) 1371 Application of reservation and roster system in promotions; post-based reservation adherence. The court held that the respondents’ failure to apply post-based reservation rosters violated this precedent.
All India Federation of Central Excise Vs. Union of India & Ors., 1996 (67) ECR 685 (SC) Legal standards on reservation and promotion quotas in central excise services. Used to support the necessity of adhering to reservation norms and roster systems in promotions.
Ajit Singh Januja & Ors. vs. State of Punjab & Ors., 1996 AIR (SC) 1189 Interpretation of Articles 16(4) and 335 of the Constitution regarding reservation and promotion; roster system as a running account; limits on promotion claims by reserved category candidates. Emphasized that reserved candidates promoted under reservation cannot claim seniority-based promotion to general posts; roster must be properly implemented.

Court's Reasoning and Analysis

The court analyzed the promotion orders in light of the Jodhpur Bench’s directions and relevant legal principles concerning reservation and roster systems. It noted that the respondents had promoted SC/ST candidates beyond the prescribed quota and without proper application of the roster system, thereby bypassing eligible general category candidates. The court referenced DoPT circulars and Supreme Court judgments to affirm that reservation must be implemented as a running account and cannot be arbitrarily applied to promote reserved category candidates over general category candidates on unreserved posts.

The court observed that the respondents’ contention—that unreserved vacancies can be filled by SC/ST candidates without regard to roster—was untenable. It stressed the need for rationalizing vacancies and promotions in accordance with legal norms to prevent dissatisfaction and arbitrariness. The court found that the respondents had only partially complied with the Tribunal’s directions and thus directed them to fully implement the rationalization process and adhere to reservation policies within a stipulated timeframe.

Holding and Implications

The court dismissed the Original Application, finding no interference warranted at its level since the Jodhpur Bench had already addressed the substantive issues.

However, the court directed the respondents to take appropriate and time-bound action to rationalize promotions by calculating vacancies accurately, adhering strictly to the roster and reservation system, and ensuring that general category candidates are not bypassed unlawfully. This decision mandates compliance with established reservation norms and Supreme Court precedents but does not set new legal precedent. The direct effect is to enforce corrective administrative action and promote fairness in the promotion process within the department.

    Kamal Kishore Jain v. Union Of India

    Mr. G. George Paracken, Member (J) : The applicants have filed this Original Application challenging the order No.C-18011/30/2007-Ad.II dated 19.11.2010 whereby his juniors have been granted promotion to the post of Deputy Commissioner of Customs and Central Excise w.e.f. 10.12.2006. According to them, the aforesaid order is in clear violation of the directions given by the Jodhpur Bench of the Central Administrative Tribunal in its order dated 05.02.2010 in OA No.154/2004 by which the Tribunal has directed the respondents to work out details and rationalize the promotions of general category eligible candidates on vacant posts of Assistant Commissioners while following the roster/reservation quota as per prescribed norms and Government of India directives. The relevant part of said order is reproduced as under:-

    7. As per respondents, total vacancies were calculated as 594 for promotion to Asstt. Commissioners posts; promotion orders issued on 10-12-02. Respondents view is that if an unreserved vacancy arises in a cadre; the SC/ST candidates cannot be denied promotion on the plea of post not reversed. The instructions of Department of Personnel and Training OM No.36028/17/2001-Est. (res) dated 11-7-02, give preferential treatment to the SC/ST candidates. But in normal conditions, with large scale of existing vacancies, the interests of general candidates should not be overlooked. The instructions relating to reservation are to be followed while making promotions, but not at the cost of general category eligible candidates. It is true that no candidate of general category junior to applicant were promoted, but promoting reserve category candidates over & above others would certainly give vent to dissatisfaction amongst these general candidates; thus promotion to the reserve (SC/ST) category candidates is not to be given in an arbitrary manner. Thus, respondents version cannot be accepted that if an un-reserved vacancy arises in a cadre; SC/ST candidate in the feeder cadre cannot be denied promotion. The general category candidate should not be by-passed on the promotion post, vacancy for unreserved category.

    8. The excessive promotion to the Customs Appralsers (CAs) and other candidates beyond the prescribed quota cannot be accepted in a legal spirit. On the name of adjustments in the backlog, the prescribed norms should not be violated. Furthermore, the junior SC/ST candidates (Supdts) cannot be placed above the rank/seniority of the applicant or likewise general category candidates. Thus respondents action in not applying post based reservation/roaster for promotion is contrary to DoPT circular dated 02.7.1997 and in violation of Apex Courts judgment in the case of R.K. Sabharwal Vs. State of Punjab & Others 1995 AIR (SC) 1371 and All India Federation of Central Excise Vs. Union of India & Ors. 1996 (67) ECR 685 (SC). The directions of Apex Court in the case of Ajit Singh Januja & Ors. vs. State of Punjab & Ors. 1996 AIR (SC) 1189 have not been followed by the respondents in its letter and spirit as promotion roaster is not suitably adopted. The Apex Court in the case of Ajit Singh Januja and Ors. vs. State of Punjab & Ors. have made the following observations :- (A) Constitution of India, Art.16- Reservation-Quota for Scheduled Caste and Backward Class fixed- Roster system applied-Further stipulation that roster is to be implemented in the form of a running account from year to year- Roster does not survive once prescribed percentage of reserved posts are filled. (B) Constitution of India, Arts. 16(4), 335-Promotion-General category post in higher grade-Scheduled Caste or Backward Class candidate appointed/promoted to lower grade post on basis of reservation and system of roster-Cannot claim promotion to higher grade general post on basis of seniority in lower grade achieved because of accelerated promotion/appointment by applying roster. The aforesaid directions of the Apex Court do not allow filling of unreserved slots by the reserve candidates who have availed the benefit of reservation and roaster at any initial stage. Therefore, these promotion orders dated 10.12.02 and 01.02.03 need proper and careful scrutiny. Proper avenues be created to ensure that the applicant and likewise similarly situated eligible candidates (Superintendents) find right place in the existing scheme of things. The respondents plea does not find much legal force as the imbalance in promotion quota is reflect owing to violation of prescribed norms. The respondents contention cannot be accepted in toto that there are only 10 vacancies in department in the grade of Assistant Commissioners, the prescribed norms of department and Government of India would be suitably followed. Thus, promotion of applicant and similarly situated persons/officers (Superintendents Customs / Central Excise) be ensured by the respondent department to the post of Assistant Commissioner of Central Excise from the cut off date as per their seniority and eligibility.

    9. To reiterate, there is need to rationalize the whole promotion channel; this job could better be done by the respondents by way of analyzing the existing vacancies, thereby ensuring promotion of the general candidates on the vacant posts of Assistant Commissioners. As the general category candidates have been ignored promotion, this brings feeling of discontentment amongst them. Therefore, vacant positions for the promotion posts be worked out as on the cut off date & over all vacancies for the posts of Assistant Commissioners should be calculated; and vacancies be filled up in phased manner by adopting the circulars/instructions of DOPT (Govt. of India) and following the roster system properly. It is clarified that as on date 27 officers of SC category and 07 officers of ST category were promoted in excess in respect of Supdt. of Central Excise. These and any other excess promotions can be regularized by working out the total existent vacancies, rationalizing the said set up and working out the vacant positions, thereby channelising the whole setup/system. The respondents are directed to work out details and rationalize the promotions of general category eligible candidates on vacant posts of Assistant Commissioners while following the roster/reservation quota as per prescribed norms and Government of India directions.

    10. In the light of observations made above, no interference is called for in the matter at our level. Resultantly, the present O.a. falls and the same is hereby dismissed. No order as to costs.

    2. In view of the aforesaid submission of the applicants counsel, we have directed the respondents counsel to take instructions from the respondents to let us know what further action has been taken by them on the aforesaid order of the Jodhpur Bench. Today, when the matter was taken up for consideration, learned counsel for the respondents has submitted that the respondents have accepted the aforesaid order of the Jodhpur bench. However, learned counsel for the applicants has submitted that the respondents have only considered the last part of the said order wherein the Tribunal has dismissed the OA but the observation made in para 9 of the same has not been considered by them.

    3. In view of the above position, we dispose of this OA in the same line as in the aforesaid order passed by the Jodhpur Bench. However, we direct the respondents to take appropriate action and pass orders in a time bound manner but in any case within a period of two months from the date of receipt of a copy of this order under intimation to the applicants.

    4. There shall be no order as to costs. (Shekhar Agarwal) (G George Paracken) Member (A) Member (J) /vb/

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    Comments

    Kamal Kishore Jain v. Union Of India
    (Nov 7, 2014)