AIR 1967 SUPREME COURT 52 ::15 FacLR 226 ::1967 (1) LabLJ 749 ::1966 3 SCR 600 ::1967 (1) SCJ 574

Supreme Court Of India

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, J. C. Shah, S. M. Sikri, V. Ramaswami , JJJ

(A) Constitution of India , Art.16(1)— Equality of opportunity-Recruitment of direct recruits and promotees, 50 per cent each, to cadre of Appraisers in Customs Department - Seniority fixed by rotational system, i.e., by alternately fixing promotee and direct recruit in seniority list-No violation of principles of equality - Order of Central Board of Revenue of 1963 - Government of India's Circulars of 1955 and another, dated 12-12-1959. The Government of India's Circular of 1955 emphasises the rotational system in the matter of fixing of seniority and all that it means is that vacancies should be filled either by direct recruits or by promoters according to the quota fixed. The plain meaning of the words 'seniority determined accordingly' appearing in explanation to principle relating to relative seniority of direct recruits and promotees appearing in circular of 1959 is that seniority as between direct recruits and promotees should be determined in accordance with the roster which has also been specified, namely, one promotee followed by one direct recruit and so on. Where, therefore, recruitment @page-SC53 to a cadre is from two sources, namely, direct recruits and promotees and rotational system is in force, seniority has to be fixed as provided in the explanation by alternately fixing a promotee and a direct recruit in the ....