AIR 1985 SUPREME COURT 1019 ::1985 LAB. I. C. 822 ::(1985) 28 DLT 281 ::(1985) 51 FacLR 192 ::1985 SCC (L&S) 491 ::1985 (2) SCC 604 ::(1985) 2 LabLJ 282 ::1985 87 Bom LR 225 ::1985 (1) ServLJ 676 ::(1985) 2 Lab LN 76 ::1985 (1) ServLR 687 ::(1985) 2 SCWR 105 ::1985 2 SCWR 105

Supreme Court Of India

Hon'ble Judge(s): D. A. Desai, V. Khalid , JJ

Constitution of India , Art.14, Art.16, Art.309— Foreign Service Branch 'B' (Recruitment, Cadre, Seniority and Promotion) Rules (1964) , R.13(1), R.24(1), R.25(1)(ii), R.29(a)— Seniority - Fixation of - Quota and rota - Recruitment to be made from independent sources - Recruitment through one source, i. e. promotions, made in excess of quota for years - Promotions not on ad hoc basis - No recruitment from other sources for years - Application of Principle of Rotation of vacancies while preparing seniority list - There is violation of Articles 14 and 16. Civil Services - Seniority - Quota and rota. Where recruitment to a service or a cadre is from more than one source, the controlling @page-SC1020 authority can prescribe quota for each source. It is equally correct that where the quota is prescribed, a rule of seniority by rotating the vacancies can be a valid rule for seniority. But if the rule of seniority is inextricably intertwined with the quota rule and there is enormous deviation from the quota rule, it would be unjust, inequitous and unfair to give effect to the rota rule. In giving effect to the rota rule after noticing the enormous departure from the quota rule would be violative of Articles 14 and 16.(Para 25) Where recruitment to Intergrated Grades II and III was to be fro....