In Brief
Data Entry Operators Grade B in the Central Excise and Customs Department sought promotion to Inspector, claiming they were eligible after restructuring approved on 19 July 2001. The High Court allowed filling vacancies prior to 2002 under old rules. The Supreme Court held that cadre restructuring took effect only on 20 January 2003 when statutory rules were notified, not on the Cabinet's approval date. While vacancies prior to 7 December 2002 should ideally be filled under new rules reflecting the Government's conscious decision to restructure, the Court declined to disturb the High Court's direction given the decade-long litigation and subsequent promotions. For vacancies after 7 December 2002, Data Entry Operators became eligible to count prior service toward promotion eligibility.
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