Service Law
Scheduled Caste/Scheduled Tribes—Consideration for promotion to the post of Superintendent in the Customs and Central Excise Commissionerate from the post of Inspector—Three situations of promotion required to be examined—One is backlog vacancies for which an Office Memorandum dated 26.08.2004 was issued—Second is ad hoc promotions for which an Office Memorandum dated 30.04.1983 was issued followed by 30.09.1983 and 07.09.2000—Clause 7 of the Office Memorandum of 30.04.1983 specifically states that, for regular promotions, procedures and instructions laid down in the Brochure will continue to apply—For regular promotions, Office Memorandum has been issued on 24.12.1980, 22.04.1992 and 06.01.2006 wherein zone of consideration was prescribed keeping in view the number of vacancies which are to be filled up—Both the Tribunal as well as the High Court have completely missed the issue involved in the subsequent applications filed by the candidates and missed the distinction between ad hoc promotions and the regular promotions to be made through DPC—In a special drive for filing up the backlog vacancies meant for reserved category candidates—This is because all candidates who will be considered for promotions, in a special drive, will invariably belong to the same reserved category—Orders passed for regular promotion by extending the zone of consideration do not arise and same are set aside—Appeals allowed.
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