9911796707
TMI Blog1998 (12) TMI 90X X X X Extracts X X X X X X X X Extracts X X X X ..... 983, the respondent made a representation to the effect that in 1974, when the Department of Customs and Excise has notified available vacancies to be filled in by the candidates who qualified at the I.A.S. and Allied Services examination, the number of vacancies was wrongly intimated, initially, this Department had intimated 35 vacancies to be so filled in for Class I posts. This figure was finally revised to 40 vacancies. According to the respondent, 97 vacancies should have been so notified in Class I posts in 1974 and not 40. Had the vacancies been correctly notified, he would have been appointed to Class I post in this Department in 1974. The representation which was made in 1983 was rejected on 23-9-1985. 3.Thereafter the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstance, are likely to be a long term or permanent vacancies, for example, posts sanctioned for specified periods likely to be renewed, the proportion fixed for direct recruits and promoted officers should be rigidly maintained. Temporary vacancies like leave vacancies may, however, be filled by promotion of departmental members irrespective of the quota fixed for them. The same position is maintained in Office. Memorandum dated 8-6-1967 issued by the Ministry of Home Affairs which specifies, "All clear vacancies arising in a post/grade/service due to death, retirement, resignation, promotion of incumbents from one post to higher post/grade, including deputation for a period exceeding 3 years, and vacancies arising from creation of temporar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mination and who were placed in Class II posts because of wrong notification of vacancies in the year 1974, there would be a complete disruption in the postings and positions of persons appointed as far back as in the year 1974 who are now occupying various posts not merely in this department but in other various Allied Services as well. The same would be the position if the vacancies for any subsequent years from 1975 to 1990 are now recalculated and the initial posting given to a large number of candidates during these years are now disturbed. They are, undoubtedly, right about this apprehension. Delay defeats equity is a well known principle of jurisprudence. Delays of 15 and 20 years cannot be overlooked when an applicant before the Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appointed during the period 1974 upto 1990. Such belated applications cannot now be considered. We, therefore, dismiss the intervention application. We make it clear that the present order will operate only in respect of the respondent for reasons which we have set out earlier. We also make it clear that in notifying vacancies available to direct recruits the appellants are bound to take into account, permanent, as well as temporary vacancies of long duration as per the office memoranda of 20-4-1953 and 8-6-1967. However, this will not effect the right of the appellants to decide in accordance with law on the number of vacancies which are required to be filled up or not filled up, while maintaining the ratio of 50:50 between promotees an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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