MUNAWAR AHMAD MIRZA, J.---These three appeals namely Civil Appeals Nos. 247, 917 and 918 of 1993 and Civil Petition for Leave to Appeal No. 664 of 1995 have slightly different facts, but involve determination of identical points of law, therefore, same are being decided through common judgment.
2. Relevant facts leading to filing of Civil Appeal 247 of 1993. Briefly mentioned are that Office Management Group was created by the Establishment Division on 27-1-1975 vide Office Memorandum No.1/2/75-ARC to ensure smooth function in Federal Secretariat. The occupational group so constituted comprised of following category of staff:-
(i) all ministerial posts in the Federal Secretariat from Grades-1 to 16,
(ii) post of Section Officers in Grades-17 arid 18, (i.e) such other posts including posts in Grades-19 and 20 as may be specified and included in the Group from the to the. "
3. Dispute culminating in present proceedings relates to fixation of seniority amongst Section Officers in Grades B-17 and B-18. For properly appreciating real controversy, it would be necessary to acquaint with composition, recruitment, and promotion of group in Grades B-17 and B-18.
Relevant articles of charter creating O.M.G. Are reproduced below:- "4. Initial composition of the group in respect of post in Grade-17 and above.--The following officers including those who are on temporary deputation outside the Federal Secretariat shall be included in the group on its initial constitution viz:-
(i) Section Officers who already stood encadred in the former C.S.S. Cadre through notifications issued from the to the.
(ii) Section Officers who were eligible to be encadred but notifications could not be issued before the abolition of the C.S.S. Cadre.
(i.e) Section Officers directly secruited by F.P.S.C. Till the end of 1974. '
(iv) Ad hoc Section Officers who qualified in the Promotional Examinations of 1967 and 1969 but who could not be adjusted on regular basis due to non-availability 6f posts in the departmental quota.
(v) Ad hoc Section Officers who appeared in the promotional examinations of 1967 and 1969 and were cleared by revising the standard in consultation with the F.P.S.C.
5. Working strength of Section Officers.--The strength of duty posts of Section Officers in Federal Secretariat will for the present, be 750.2 10% of these posts will be reserved for appointment on deputation on tenure basis or by transfer of officers in BPS-17 and 18 from other occupational groups/cadres and provincial civil servants in accordance with para. 9(A). There will be leave, training and deputation reserve as under:-
(i) Leave reserve 10? Of the duty posts ....75
(ii) Training and deputation reserve 15% ....112 50% of the total strength of these posts will be in Grade-17 and the remaining 50 in Grade-18. No vacancy in Grade-18 would occur if a Section Officer in Grade-18 is deputed to an ex-cadre posts or sent on foreign service except when the deputationist ceases to have lein in the parent Group.
6. Placing of ad hoc Section Officers on regular footing. Ad hoc Section Officers other than those mentioned at clauses (iv) and (v) of para. 4 above, are liable to be replaced by F.P.S.C. Qualified Section Officers. Such of them as are not replaced will be required to take Section Officers (Qualifying) Examination to be conducted by the F.P.S.C. Not more than to chances to clear the examination will be allowed. Final clearance will be given after taking into account the mark obtained by them in the Qualifying Examination, service record and the vacancies available at the the. Such of them as are cleared finally will be placed on regular footing. Those who do not clear it will be reverted.
7. Future Recruitment.--(a) Grade-17.--In future 2/3rd of the vacancies of Section Officers in Grade- 17 may be filled by direct recruitment through F.P.S.C.
(b) @ (i) The remaining 1/3rd of the vacancies shall be filled by promotion of the departmental eligible 'candidates through a promotional examination. The promotion examination will be conducted by the F.P.S.C. The condition of eligibility will be eight years service in the Federal Secretariat in Grades-11 to 16 or eight years' service as Superintendent, Private Secretary, Assistant, Stenographer etc. In the Attached Department. {{FOOTNOTE}}
2. Subs. by Estt. Division's O.M. No, 10/1/74-C. III(A) dated 17-2-1979.
3. Amended vide Estt. Divn. O.M. No, 2/1/80-C. III(A) dated 28-6-1981. {{FOOTNOTE}} @(ii) Appointment on acting charge basis:
(a) In the case of vacancies of Section Officers in Pay Scale-17 reserved for initial appointment if, the appointing authority is satisfied that the initial appointment will take sufficiently long the, the vacancies may be filled by making appointments on acting charge basis.
(b)The Section Officers serving on acting charge basis may be appointed on regular basis to the posts held by them, depending on their merit position in the promotional examination, service record and availability of vacancies in the promotion quota, on the recommendation of Departmental Promotion Committee.
(c) Lateral entry.--In order to meet the shortage of officers in the Federal Secretariat or to meet specific requirements, appointments may be made through lateral entry. Appointment through lateral entry will be made against 2/3rd vacancies reserved for direct recruitment.
(d) Provision for accelerated promotion to the -post of Grade-17.-=In addition to the provisions made at (b) above, eligible ministerial staff of the Federal Secretariat and its Attached Departments including Assistants, Superintendents, Stenographers and Private Secretary etc. Who hold a university degree and who are over the age of 25 years but below the age of 30 years may appear in the examination for direct recruitment of Grade-l7 Section Officers conducted by the F.P.S.C. If they have been in continuous service for a period of not less than to years. Two chances will be allowed within the prescribed age limit."
4. It is thus manifest that future recruitment or promotion in the vacancy arising in cadre was to be filled in the ratio of 2/3rd from amongst directly recruited through Federal Public Service Commission and remaining l/3rd by promotion of candidates having requisite length of service and subject to qualifying departmental promotional examination to be conducted by Federal Public Service Commission. It may be seen that for a period over either (8) years commencing from 1980, direct recruitment to O.M.G. B-17 was not carried out. Therefore, in the peculiar circumstances, persons who fulfilled requisite qualifications and found eligible for promotion as Section Officer were so appointed on acting charge basis under Article 7(ii) of the Charter reproduced supra and Civil Servants (Appointment, Promotion and Transfer Rules 1973. The above arrangement was obviously necessitated to regulate proper functioning of Secretariat, because there was acute shortage of direct recruits in O. M. G. Group.
5. The dispute commenced when 21st batch of thirty-eight persons qualified requisite competitive examination and assumed charge of Section {{FOOTNOTE}} @Added by Estt. Div. O.M. No,7/12/81. C.III(B)/(OMG. II) dated 4-11-1985. {{FOOTNOTE}} Officers with effect from 18th November, 1989 pursuant upon Notification No, 21/1/OMG/89.
Departmental promotees working on Acting Charge Basis claimed fixation of seniority higher than above referred direct recruits. Working paper concerning necessary details was prepared on 19-2- 1990 and its salient features are mentioned below :--- "8. Alternative (b) of paragraph (6) would lead to regularization of 135 acting Section Officers for obvious reasons of administrative convenience. This course of action would clear 70 Section Officers of 1984 examination and 65 Section Officers of 1985 examination leaving 35 incumbents of 1985 and 100 of 1987 examinations. It may be pointed out that incumbents have joined posts in subsequent years of the examinations. There is, therefore, no harm if Section Officer of 1987 examination (who joined in 1988) are regularized in due course of the. As regards 35 incumbents of 1985 examination, it is hoped that they will be regularised during the current year. This course of action would also reduce the frustration among the senior batches of 1984-1985 exams. As it would solve their problem of regularisation. This course of action does not require approval of the Prime Minister as it would be within the overall promotion quota but actual regularization is being restricted for administrative reasons.
9. As for alternative at (c) of paragraph 6, as stated earlier, the O.M.G, charter was amended only in 1985 to make acting charge appointment as section officer. According to the opinion of Justice Division to whom the case of regularisation was referred, the Section Officers appointed on acting charge basis prior to the said amendment have a good case for regularisation as the amendment cannot have retrospective effect. Besides, 230 officers who have already been regularised there are about 70 officers who fall in this category and could 'De regularised to rectify the lapse. Besides these 70, another 70 officers could be regularised as one the exercise against the over all promotional quota in BPS 17 as shown below:-- Duty posts 750 15% Dep. And Training 112 Reserve - - - - - 862 1/3rd departmental quota144 Existing Departmental Section Officers (B- 17)4 Posts available 140 Thus, in all 140 from amongst 269 acting charge Section Officers could be regularised without resorting to any amendment in the charter of O.M.G. The rest 129 may get regularisation in future years on the basis "t`'-- of their 1/3rd quota against direct intake of Section Officers through C.S.S. This may take about 3 to 4 years to solve the problem. This course of action is almost identical to alternative (b) in its ultimate implementation."
6. The matter was taken up at a higher level in the meeting of the Secretaries Committee held on 12-4-1990, wherein certain details about existing vacancies and actual posts was provided and three alternatives were suggested for resolving the controversy. The minutes and proposal are reproduced below :--- "The Establishment Secretary stated that the proposal in the working paper related to regularisation of 269 Acting Charge Section Officers employed in various Ministries/Divisions.
Explaining the background, it was stated that up to 1979 recruitment to the post of Section Officer in BPS-17 was made in the ratio of 2/3rd through direct recruitment and 1/3rd by promotion, according to the prescribed procedure. However, on recommendation of the Civil Service Commission, direct recruitment of Section Officers was stopped in 1980. Although the Commission's other recommendations did not make any headway, the direct recruitment of Section Officers remained suspended up to 1988. The stoppage of direct recruitment in the O.M.G. Resulted in acute shortage of Section Officers. To overcome the shortage it was decided in 1981 to appoint Section Officers in excess of the prescribed quota of 1/3rd on acting charge-basis through promotional examinations conducted by the F.P.S.C. From amongst serving officers in lower ranks. In this manner 500 Section Officers were appointed on acting charge basis since 1981. Out of these 500 Section Officers 281 have so far been regularised in BPS-17 against 1/3rd promotional quota vacancies. On availability of vacancies in BPS-18, all these officers have since been gradually promoted to BPS-18. Thus, there were still 269 acting charge Section Officers awaiting regularisation. "
Proposals It was stated that three alternatives were available to resolve the problem i.e.
(a) all the 269 Acting Charge Section Officers may be regularised in one go;
(b) a middle course may be adopted by regularising at least half of these and leaving the rest to get regularisation against 1/3rd prescribed quota; and
(c) the acting charge Section Officers should be regularised only against 1/3rd quota vacancies reserved for promotion."
From the above minutes it also reveals that final decision was taken whereby half of 269 persons working as Section Officers on Acting Charge Basis, were to be regularised. Extracts of above decision appearing in the impugned judgment, is reproduced hereunder:- "Half of the 269 acting charge Section Officers should, be regularised, the remaining officers should be regularised against the 1 /3rd quota prescribed to be filled in by promotion. "
7. Record indicates that in pursuance of above decision 135 Section Officers working on acting charge basis were regularised. Initially through notification, dated 7th July, 1990 No. 13/2/89-OMG eligible persons who had qualified departmental promotional examination were placed on regular footing in Management Group B-17 with effect from 31-12-1989. Similarly notifications were issued on 17-9-1990, 23-3-1990, 7-1-1991 and 16-3-1992 whereby remaining 26 persons were also regularised in the same manner with effect from 31-12-1989. It may be mentioned here that total cadre strength of O.M.G. On 31-12-1989 was 937 (Nine hundred thirty seven) breakup whereof is given hereunder: -
(i) Duty posts. - 750 (ii)Leave reserve (10% of - duty posts).75 (iii)Training & deputation reserve - 112 (15% of duty posts). ------ Total= 937
8. The direct recruits on account of retrospective regularisation of promotees with effect from 31- 12-1989 were seriously aggrieved. They accordingly submitted representation to departmental authority. Eventually validity of their regularization was challenged through several appeals before Federal Service Tribunal. Learned Chairman, Federal Service Tribunal by means of judgment dated 6-10-1992 declared that regularisation of promotees vide Notification dated 7-7-1990 or thereafter could not made effective from 31-12-1989. Same was accordingly deleted. Whereas learned Member, Federal Service Tribunal vide his judgment dated 14-10-1992 dismissed appeal of direct recruits. Accordingly decision of Federal Service Tribunal was rendered on 15-10-1992 in terms of decision recorded by the Chairman. Operative portion is reproduced:- "For the reasons recorded above, the appeals were allowed to the extent that the regularisation of the Acting Charge Section Officers vide notification dated 7-7-1990 could not be made effective from 31-12-1989 and the words "'with effect from 31-12-1989"' in the opening paragraph of the notification shall stand deleted."
The above judgment was assailed by way of petition for leave to Appeal No. 11 of 1993. Concluding portion of leave granting order, dated 24th April, 1993 is as under:- "2. Mr. Samdani, learned Senior Advocate Supreme Court appearing for the petitioners, has vehemently contended that the finding of the learned Chairman of the Tribunal that on 31-12-1989 there did not exist any vacancy from 1/3rd promotion quota, is contrary to the record inasmuch as respondent No.1 in their comments (at age 87 of the paper book) admitted the factum that there were vacancies to the extent of 144 posts, against which 4 persons were promoted. He has also invited our attention to the working paper for the Secretaries Committee under the sub-caption "'Regularisation of Acting Charge Section Officers"', wherein at page 251 it has been stated that thus in all 140 from amongst. 269 acting charge Section Officers could be regularized without resorting to any amendment in the charter of O.M.G. He has further submitted that since there was difference of opinion between the Chairman and the Member of the Tribunal, the matter requires further examination by this Court.
3. We are inclined to grant leave to consider, whether on the basis of the material available on record, the learned Chairman of the Tribunal had rightly held that the petitioners could not have been regularised with effect from 31-12-1989. Leave is, accordingly granted."
9. Appellant Waqar Ahmad in Civil Appeal No. 917 of 1993 and 29 others qualified competitive examination during year 1990. They were directly recruited as Section Officers (B-17) in the Office Management Group of Federal Secretariat on 9-10-1991. Appellant has expressed his grievance against issuance of Notification No. 13/2.89-OMGI, dated 9th January, 1993, whereby earlier five Notifications issued from 7-7-1990 to 16-3-1991 concerning regularization of promotees with effect from 31st December, 1989, were amended. According to appellant, the promotees who on the basis of quota adjustment, tactually rank junior to direct recruits had become senior to them; adversely effecting their service rights. Departmental Representation was made and eventually Service Appeal No. 163(R) of 1993 was filed on 31-5-1993 before Federal Service Tribunal challenging above notification. The appeal was, however, dismissed inlimine on 1-8-1993. Appellant Waqar Ahmad feeling dissatisfied; had filed Civil Petition for Leave to Appeal No.572 of 1993 wherein this Court granted leave,vide order dated 21-12-1993.
Civil Appeal No. 718 of 1993
10. Appellant Sikandar Aqeel Ansari alongwith 16 others having qualified C.S.S. Competitive examination held in 1989 were directly recruited as Section Officers (B-17) on 1-12-1990. It is their case that Notification issued by Establishment Division No. 13/2/89-OMG-1, dated 9th January, 1993 in pursuance of judgment passed by Service Tribunal amended five other Notifications of the Establishment Division issued during 7th July, 1990 and 16th March, 1991, concerning promotion quota of the Section Officers already working in various Ministries/Divisions on acting charge basis After filing representation to a competent departmental authorities the appellant instituted Appeal No.164(R) of 1993 before Federal Service Tribunal on 3j-5-1993 which was heard alongwith Appeal No. 163(R) of 1993 filed by Waqar Ahmad and were rejected in limine through common judgment dated 1st August, 1993, which has now been assailed.
Civil Petition for Leave to Appeal-No. 664 of 1995
11. Petitioner, Attique-ur-Rehman has filed Civil Petition for Leave to Appeal before this Court on 3rd December, 1995. The petitioner alongwith other 44 persons qualified C.S.S. Competitive examination during 1993 and were inducted into Office Management Group on 6th November, 1994. It is grievance of the petitioner, that Establishment Division on 29th December. 1994 issued Notification No. 13/2/94-OMG-1 whereby service of 35 promotee Section Officers who were working on acting charge-basis, were regularised. Aggrieved from same petitioner Attique-ur-Rehman and others submitted departmental representation on 16-1-1995. Since no reply to said representation was received, therefore, he alongwith others challenged the same in Service Appeal No. 197(R) of 1995 before Federal Service Tribunal on 15-5-1995. The appeal was eventually rejected on 14-9-1995.
Being dissatisfied from the judgment of Tribunal, petitioner has filed Civil Petition for Leave to Appeal No.664 of 1995 before this Court.
12. Mr K.M.A. Samdani, Advocate Supreme Court appearing for appellant in Civil Appeal No. 247 of 1993, emphatically raised following contentions:--
(i) Concept of numerical calculation of 1/3rd quota allocated for departmental promotion as Section Officer (B-17) and Subsequent promotion of 50 % officers amongst to categories to B- l 8 has been misconstrued and incorrectly decided by learned chairman in his observations dated 14- 10-1992.
(ii) Regularization of 109 Section Officers through Notification, dated 7th July, 1990, who were already performing function against clear vacancies allocated for 1/3rd promotion quota, giving its retrospective effect from 31-12-1989 was legal and proper. Similarly notifications issued on 17-9- 1990, 23-10-1990, 7-1-1991 and 16-3-1991, causing regularisation of remaining thirty-six Section Officers working on Acting Charge Basis making it effective from 31st December, 1989 was proper and justified. However, conclusions drawn by learned Chairman of Service Tribunal nullifying retrospectively of regularisation suffers from patent illegality.
(i.e) Learned Chairman, Federal Service Tribunal, failed to give any definite conclusions about vacancies existing in respective quota of promotees or direct recruits on the date from which they were regularised. Besides, while passing impugned judgment details furnished by Establishment Division, which were quite exhaustive, were unjustifiably ignored.
(iv) Seniority is not a vested right under the Civil Servants Act, 1973. Therefore, appeal before Federal Service Tribunal regarding fixation of seniority was incompetent.
(v) The competent Authority was empowered to regularise promotion of persons performing functions in the higher rank, with retrospectively; provided they were otherwise eligible under the rules. Therefore, no defect exists in exercising the powers in that behalf.
(vi) Regularisation of officers already working on Acting Charge Basis within prescribed ratio as against direct recruits was clearly flows from details furnished by Establishment Division's high power committee when question arose about fixing their inter se seniority and adjustment for ensuring smooth official-working.
13. Hafiz S.A. Rehman, Senior Advocate Supreme Court, appearing on behalf of respondents Nos. 1 to 10 in Civil Appeal No. 247 of 1993, vehemently opposing the same argued:--
(i) 269 persons performing functions on acting charge basis were accommodated on the basis of proposal (b) made through decision of High Powered Secretaries Committee on 12-4-1990, whereby requirement of quota amongst to categories of Section Officers i.e. Direct recruits or appointed by promotion, was glaringly ignored.
(ii) Adjustment of 135 Section Officers on the basis of abovementioned proposal of Secretaries Committee causing regularisation of Section Officers who were undisputedly performing functions on Acting Charge Basis as mentioned in minutes of meeting dated 12-4-1990, has adversely effected rights of respondents by encroaching upon posts actually falling in their share, under the rules.
(i.e)Adherence to quota by the competent Authority was mandatory which was violated while adjusting Section Officers appointed by promotion on 7-7-1990. Such order specially giving retrospective effect was clearly mala fide and unlawful. Reference was also made to observations in following reports:-
(a) 1996 SCM R 1264 (Nasimul Haque Malik v. Chief Secretary to Government of Sind, Karachi and 4 others).
(b) 1996 SCM R- 1297 (Muhammad Yousaf and 4 others v. Abdul Rashid and others).
(c) 1985 SCM R 386 (Federation of Pakistan v. Azam Ali and others)
14. Mr. Fazal Ellahi Siddiqui, Advocate Supreme Court, appearing for appellants in Civil Appeals Nos.
917 and 918 of 1993 and petitioner in Civil Petition No. 664 of 1995 contended that: -
(i) Five Notifications issued between 7th July. 1990 and 16th March, 1991, were without jurisdiction and effected the quota rights of Section Officers appointed through-direct recruitment during years 1991, 1992 and 1994. Factually no vacancy against promotion quota existed on 31 December, 1989, 1990 or 1991 till aforesaid notifications were issued. Therefore, regularisation of 135 Section Officers working on acting charge basis was unlawful. Consequently appellants/petitioner continued to enjoy seniority upon respondents so promoted/regularised.
(ii) Federal Service Tribunal has seriously erred by ignoring the vested right of appellants/petitioner, which would effect their future promotion.
15. We have carefully considered documents brought on record in the light of arguments advanced by learned counsel for the parties.
16. Firstly it may be seen that initial composition of Office Management Group in Grade-17 was specified under Article 4 of the Charter. However, with regard to future appointments, Article 7(a) contains that 2/3rd vacancies of Section Officers in Grade-17 would be filled from direct recruitment through F.P.S.C. And (b) remaining 1/3rd vacancies by promotion from departmental eligible candidate through promotional examination to be conducted by F.P.S.C.
17. Record amply discloses that 24 officers already referred above, were directly inducted as Section Officers B-17 after qualifying competitive examinations of 1988. At the same about 269 persons having qualified requisite departmental examination since years 1984, 1985 and awaitingst promotion were appointed as Section Officers on Acting Charge Basis against existing vacancies.
However, after their such appointment; question with regard to their regularisation and fixation of seniority arose, which was adequately resolved by a high powered Secretaries Committee. Thus, Notification No. 13/2/89-OMG-I, dated 7-7-1990 issued for causing regularisation of Section Officers relating to promotion quota with effect from 31-12-1989 was in conformity with relevant rules and conditions prescribed in Charter creating Office Management Group. During the process when controversy regarding their inter se seniority was being resolved Establishment Division has carried out detailed calculation about existing vacancies in the erana of respective quotas. Factually large number of vacancies were available against promotion quota of Section Officers, but without justifiable reasons their confirmation was delayed. It is quite manifest from the record, that requisite vacancies were certainly available tin 7-7-1990 when notification for their regularisation was issued. Whereas details disclosing required number of vacancies on 31-12-1989, the date from which promotees were regularised, co-relating its adjustment is not visible on the available material. It was obligatory for appellants to explain in transparent manner, real position of vacancies as regards promotion quota to validate retrospective benefit granted to them. Learned Chairman, Federal Service Tribunal, has adequately discussed all aspects on the basis of data provided by the Establishment Division through minutes of meeting. Therefore, in our opinion by deleting operation of Notification dated 7-7-1990 with retrospective effect from 31-12-1989, the grievance of Sections Officers directly recruited on 18-11-1989 is fully resolved. . Undisputedly at subsequent stage there became numerous vacancies against promotion quota in B-18. Therefore, 116 promotee Section Officers of B-17 were regularly promoted to high grade thus any confusion regarding adjustment and regularization of the Officers performing functions on acting charge basis, if any, was duly met with. It may be observed with respect that principle of law regarding adherence to respective quota and validity of appointments against clear vacancies, enunciated in aforequoted judgment as discussed above has been followed by Federal Service Tribunal in its impugned judgment dated 14-10-1992, which as informed by learned Deputy Attorney-General has also been implemented.
18. For the above reasons we are satisfied that impugned judgment dated 14-10-1992 passed by learned Chairman, Federal Service Tribunal (which formed order of the Court) does not suffer from any, legal infirmity and was not open to exception.
19. Similarly Federal Service Tribunal on the parity of reasoning and facts discussed above, was justified in rejecting Appeals Nos. 163 and 164(R) of 1993 tiled by respective appellants Waqar Ahmad and Sikandar Aqeel Ansari. Accordingly Civil Appeals Nos. 917 of 1993 and 918 of 1993 on the same principle and reasonings have no substance.
20. Next while considering grievance in the petition filed by Attique-ur--Rehman, it may be seen that learned Federal Service Tribunal on obtaining actual figures from Establishment Division reflecting numerical strength of Section Officers in different Zones upto 31-7-1995 which manifestly indicates that quota requirements were not violated. It would be appropriate to reproduce here operative portion of order passed by Federal Service Tribunal in Appeal No. 197(R) of 1995, which reads as under:- "4. After hearing the learned counsel for the parties and going through the material available on record as well as departmental file produced by the representative of the Establishment Division, the representative was indirected to provide statement alike the one furnished by the Establishment Division before the Ombudsman. The statement provided by the Section Officers, O.M.G. Showing the position of the group as in July, 1995, is reproduced hereunder:- Duty posts 750 Deputation Reserve (10% of duty posts) 75 Leave and Training Reserve (15 %, of duty posts) 112 Total cadre strength(-) 75 posts (10 % of 750 total duty posts i.e. 937 75 reserved for deputation induction of deputationists in O.M.G.) 75 ------ Balance 862 Posts in BS-18 431 Posts in BS-17 431 NUMBER OF SECTION OFFICER PRESENTL Y WORKING IN O.M.G. CADRE (AS ON 31-7-1995)BS-17 BS-18
(1) Regular O.M.G. Of ficers:
(i) Direct 135 34
(ii) Promotee 49 272
(iii) Inductee 4 53
(II) Acting Charge Section Of ficer 77 ---
(III) Deputationists Of ficers: 123 78
(IV) Armed Forces Of ficers on contract: -- 24 ---- -------- Total 388 461 ----- ---------- The above statement would show that the total cadre strength of the O.M.G. Group is 937. After deducting 75 posts at the rate of 10% reserved for deputationist and inductees etc., there remained 862 posts in the cadre. In accordance with para. 5 of the .Memo dated 27-1-1975 constituting the groups, 50% of the total strength of these posts will be in Grade-17 and remaining 50% in Grade-18 and quota for direct recruitment and promotion is to be maintained in BPS-17 only. These 431 posts are to be further divided between the direct and promotees in the ratio of 2/3 and 1/3rd as per para.7 of the said O.M. The bifurcation of the 431 posts between the direct and the promotees as per formula would thus be 287:144. As such 144 posts are available with the Establishment Division to fill in by officers/officials who have since qualified the departmental promotional examination.
As against these 144 posts, presently there are only 49 officers who are working on regular basis against the promotion quota. These 49, we were informed, include 35 Acting Charge Section Officers who were brought on regular footing vide impugned notification, dated 29th December, 1994 and have been impleaded in the present appeal as respondents. The number of the promotee officers as such working on regular basis in B-17 is much less than thenumber of seats available in their respective quota. The contention of the appellant that the respondents have been regularised in excess of their promotion quota, is therefore, unfounded and against the facts and figures provided by the Establishment Division."
Additionally 116 persons from amongst promotees, who were duly regularised through impugned notification, undisputedly got promoted to B-18 on 11-5-1991, against their specified quota. Thus officers directly recruited subsequent to said date have absolutely no legal right or character to challenge the validity of previous quota adjustment which has been subject-matter of determination before us in Civil Appeal No. 247 of 1993. Thus, petition for leave to Appeal No. 664 of 1995 is incompetent. Accordingly leave prayed for is refused.
Resultantly, all .The three appeals and the petition stand dismissed. However, parties are left to bear their own costs.rd