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PETITIONER: P.   C. SETHI & ORS.

       Vs.

RESPONDENT: UNION OF INDIA & ORS.

DATE OF JUDGMENT17/01/1975

BENCH: GOSWAMI, P.K. BENCH: GOSWAMI, P.K. BEG, M. HAMEEDULLAH KRISHNAIYER, V.R.

CITATION:  1975 AIR 2164            1975 SCR  (3) 201  1975 SCC  (4)  67

ACT: Constitution   of  India,  Art.  16-Civil   Service--Central Secretariat  Service  (Reorganisatioin  and   Reinforcement) Scheme-Home Ministry circular dated 22nd June,  1949-Whether subsequent  direct  recruits  can supersede  those  who  are absorbed in service earlier-Delay and laches.

HEADNOTE: Petitioners  are  Assistants  in Grade IV Class  11  of  the Central Secretariat Service.  Petitioners were appointed  as Assistants during the period 1944-54.  The respondent  Union of  India appointed a large number of persons as  Assistants by direct recruitment and many of those appointed after  the petitioners have been confirmed in the grade and have  since been  promoted to the next higher grade of Section  Officer. In 1948, the Government framed a Scheme known as the Central Secretariat Service (Reorganisation & Reinforcement) Scheme. Thereafter instructions for the initial constitution of  the Assistants  Grade were issued in March,  1949.   Thereafter, the Ministry of Home Affairs issued Office Memorandum  dated June 22, 1949. dealing with the question of seniority.  Para 2  of  the  office  memorandum provided  that  the  rule  of seniority on the basis of length of service should be  taken as a model in framing the rules of seniority for other  Ser- vices.   The main question to be determined in  the  present petition  is whether the office memorandum of June, 1949  is applicable in determining seniority of the petitioners. HELD’.  Office Memorandum of June 22, 1949 is no bar lo  the Government  making  separate  provision  for  the  mode   of constitution  and  future  maintenance  of  the  service  of Assistants.   The  classification made in  the  instructions cannot  be  characterised  as  unreasonable.   There  is  no discrimination amongst equals nor any arbitrary exercise  of powers  by the Government.  In the absence of any  statutory rules prior to the Central Secretariat Service Rules 1962 it was open to Government in exercise of its executive power to issue    administrative   instructions   with   regard    to constitution  and reorganisation of the Service as  long  as there   is  no  violation  of  Arts.  14  and  16   of   the Constitution.   The  instructions of the  Government  issued from  time to time do not violate any fundamental rights  of

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the petitioners.  In the present petition, the Civil List of 1962  has  not  been challenged  as  invalid.   Only  office Memorandum  of 1971 is challenged.  The said  Memorandum  of 1971  is based on the civil list of 1962.  The  validity  of which is not specifically challenged in the petition.  There is no infirmity in the Memorandum of 1971 simply because  it is  not  in  conformity with the  Memorandum  of  22-6-1949. [207H; 208B-E] HELD  FURTHER  :  Once the temporary  Assistants  have  been absorbed in the Service after they are found to be  eligible in   accordance  with  the  instructions  their  claim   for seniority cannot be superseded by the direct recruitment  if appointed after the former’s absorption in the service.   It appears  that  the  quota  of  direct  recruitment  was  not enforced  and perhaps for good reasons.  Administrative  in- structions  if not carried into effect for obvious and  good reasons  cannot  confer  a  right  upon  entrants  on  later recruitment  to  supersede  the  claims  of  others  already absorbed  in the service in accordance with the  appropriate and  valid  instructions.  Nothing has been brought  to  our notice  which  could  justify such a wholesale  or  en  bloc discrimination  in  favour of those who suddenly  enter  the same  grade of service by direct recruitment.  It  could  if permitted be violative of Art. 16 of the Constitution.   The direct  recruits who are appointed after the  absorption  of the  Assistants in conformity with the instructions  on  the initial   constitution   or   in   the   regular   temporary establishment shall rank junior to the latter. [209B; 0] HELD  FURTHER : In view of the entire circumstances  of  the case  and the hopes held out by the Government from time  to time we are not prepared to dismiss the petition on  account of delay and laches. [210B] 202

JUDGMENT: ORIGINAL JURISDICTION : Writ Petition No. 163 of 1972. Petition under Art. 32 of the Constitution of India. S.   S. Javali and B. P. Singh, for the petitioners. M.   N. Phadke and R. N. Sachthey, for respondent No. 1. P.   P.  Rao and A. K. Ganguli, for respondent No. 2  &  the interveners. T. V. S. Narasimhachari, for respondent Nos. 27-32. The Judgment of the Court was delivered by Goswami,  J.-The  petitioners  are Assistants  in  Grade  IV (Class  II Non-gazetted) of the Central Secretariat  Service (briefly  the Service) and have been working in the  various Ministries of the Government of India.  They were  appointed as  Assistants  during  the period between  1944  and  1954. Their  next promotional post is now that of Section  Officer (Class  11,  Gazetted).   They  have  raised  in  this  Writ Petition the question of their seniority and challenged  the validity  of the Office Memorandum of 7th  September,  1971, issued by the first Respondent fixing zones for promotion to the grade of Section Officer on the basis or ranks  assigned in the Civil List of 1962 for the grade of Assistant on  the ground of being in contravention of the Office Memorandum of June  22, 1949, of the Ministry of Home Affairs.  They  also challenge  the validity of rule 18(1) of the Central  Secre- tariat Service Rules, 1962 (briefly the Rules) in so far  as it is construed to protect the seniority determined prior to the commencement of the said Rule in violation of the Office Memorandum  of June 22, 1949.  The petitioners  allege  that the Government have not followed any consistent principle or

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rule  in regulating the seniority of the Assistants.  It  is said the first Respondent prepared lists of officers in  the Assistant’s    Grade    by    different    combination    of classifications,  such  as  initial  constitution,   regular temporary  establishments,  non-test  category,  first  test category,  second test category, hard cases  category,  dis- placed   persons,   direct  recruits,  etc.   and   effected promotions in utter disregard of the dates of  confirmation. The first Respondent appointed a large number of persons  as Assistants by direct recruitment and many of those appointed after  the petitioners have been confirmed in the grade  and have since been promoted to the next higher grade of Section Officer.   According to the petitioners glaring instance  of arbitrary  action is the assignment of en bloc seniority  to persons  appointed by direct recruitment in  1956  exceeding 800 in number who have been assigned seniority over all  the petitioners  appointed  as Assistants  long  prior  thereto. Such instances were there also in 1958 and 1959. In  retrospect,  on July 19, 1948, the Government  framed  a scheme  known  as  the  Central  Secretariat  Service   (Re- organisation and Reinforcement) Scheme (briefly the Scheme). It  constituted  four grades in the Service,  namely,  Under Secretary  (Grade 1), Superintendent (Grade II).   Assistant Superintendent  (Grade 111) and Assistant (Grade  IV).   The Scheme  was, however, not implemented until  November  1951. Under  para  15  of the  Scheme,  the  authorised  permanent strength  of  the Service will be fixed by the  Ministry  of Home  Affairs  with  the  concurrence  of  the  Ministry  of Finance.  It was recog- 203 nised  therein that "it is essential from the point of  view alike  of economy and efficiency that as large a  proportion as possible members of the Service should be recruited on  a permanent   basis.   A  flexible  system  of   fixation   of Authorised    Permanent   Strength   will    therefore    be followed .... should be revised once in every three  years". It  is  also mentioned in the same paragraph that "if  as  a result  of  any such triennial  refixation,  the  Authorised Permanent  Strength is reduced, effect should given to  such reduction by equivalent reduction in the following triennium of  the  rate  of  direct recruitment  to  the  Service  and Promotions  from grade to grade."   It is also  particularly mentioned in the said paragraph that "the rights of  members appointed  to the Service on a permanent basis will  not  be prejudiced  by any revision of permanent strength,  effected subsequent to such appointment". Under  Paragraph  19  of the Scheme,  after  the  Authorised Permanent Strength of the Service is determined, the initial constitution  of the Service will be undertaken, and,  inter alia,  appointments  to Grade IV will  be  completed  within thirty  months.   Under para 25 of the Scheme, the  mode  of constitution of Grade IV is as follows:-               "Assistants who have already been appointed on               a  permanent basis and are not appointed to  a               higher  grade  in the Service  as  reorganised               will  be  appointed permanently  to  Grade  IV               first.   The remaining vacancies in  Grade  IV               will be filled by persons who are  ’qualified’               in  terms  of  the Ministry  of  Home  Affairs               Office Memorandum No. 23/20/48-NGS, dated  the               25th May, 1948.  As contemplated in that Memo-               randum  two tests will be held by the  Federal               Public   Service  Commission  in   which   the               temporary  ’qualifiables’ as  defined  therein               will  be  enabled  to  qualify  for  permanent

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             absorption  in Grade IV.  In the first of  two               tests  only qualifiable  temporary  Assistants               will  be allowed to appear.  It would then  be               considered  with  reference to the  number  of               vacancies  to be filled as well as the  number               of  qualifiable candidates remaining  whether,                             and  if  so to what extent,  the  seco nd  test               should   be  thrown  open  partially  to   the               outsiders also". Paragraph  26  in Part V of the Scheme dealing  with  future maintenance  of the Service, provides, inter alia,  for  the recruitment as follows :-               Permanent   vacancies   in   the    Authorised               Permanent  Strength  of  this  Grade  will  be               filled  in  two  ways.  One  out  of  every  4               vacancies  will be filled,  Ministry-wise,  by               promotion  from the Ministerial  Grades  below               the  rank  of  Assistant.   The  remaining   3               vacancies  will  be  pooled  for  the  Central               Secretariat  as a whole and filled from  among               the  successful candidates at the  competitive               Ministerial  Services Examination held by  the               Federal Public Service Commission, The, quali-               fications  for admission to- this  examination               will  continue  to be graduates  in  the  age-               groups 20-22 with relaxation of age limit  for               the Scheduled Castes".               204 With regard to promotion it is stated in the said  paragraph as follows :-               ,,Assistants  who have completed 5 years’  but               not more than 10 years’ service in their grade               will  be eligible for promotion  by  selection               based  strictly  on the result  of  a  limited               competitive test held among Assistants of that               Service   group  to  the  rank  of   Assistant               Superintendent,  provided  that  no  Assistant               will  be allowed more than  three  consecutive               chances   to  compete  in  this  test.   Those               Assistants who are not so promoted  will  also               be eligible in due course for promotion  based               on    seniority,  subject to the rejection  of               the unfit, to vacancies   in   the  Grade   of               Assistant Superintendent which would be  reserved               for being filled by such promotion". Under  para  31  of the Scheme,  leave,  pension  and  other conditions  of service will be as applicable at  present  to all officers of Central Services, Class I or II, as the case may be. After  the publication of the Scheme, the Ministry  of  Home Affairs  on  October  25, 1948,  circulated  an  explanatory memorandum explaining the nature and purpose of the Service. The Central Secretariat is pithily described therein as "the workshop  of policy" which helps the Government to make  and revise  policies  and  to create, maintain  and  direct  the organs  which execute the policies.  The Assistants, we  are concerned  with, are the fifth layer at the lowest  rung  of the  Secretariat Department and are engaged on case work  as distinguished  from clerks and typists employed  on  routine work in a separate lower service. It was pointed out that there was a phenomenal expansion  in the  Service  as would be reflected from  the  figures,  for example,  of Assistants in 1939 at 493 which rose upto  2306 in  1948.  This is said to have affected the quality of  the

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Service which includes a large number of staff employed on a temporary  basis.  In 1948 itself the entire number of  2306 Assistants,  except  95, were temporary employees.   It  was further    mentioned   in   the   explanatory   note    that "reinforcement  is not required at the lowest  level,  viz., the  Assistants,  Grade.   Here what  is  necessary  is  the weeding out of the poor quality material and the improvement of  efficiency  of the rest through a permanent  tenure  and better training and guidance?. Then  in  sequence  came the instructions  for  the  initial constitution  of  the Assistants’ Grade of  the  Service  on March  1, 1949.  These instructions governed the  manner  in which  the  sanctioned permanent strength of  the  grade  of Assistants would be filled by existing permanent  Assistants and from various categories of existing temporary employees. The scheme of the Instructions contains these broad features               (1)   All  existing permanent  Assistants  who               are  not  appointed to higher  grades  in  the               Service  will  form  part  of  the   permanent               strength of the Service.               205               (2)   The   remaining  number   of   permanent               vacancies  in the Grade will be divided  among               three  categories,  namely, (i) The  Non  Test               Category,  (ii)  The First Test  Category  and               (iii) The Second Test Category. A particular specified number of vacancies will be  allotted to the Non Test Category and the remaining vacancies will be divided  among the First Test Category and the  Second  Test Category in the ratio 2 : 1. There is also reservation of  a specific  number  of vacancies for  allotment  to  Displaced Government servants.  There are five categories of employees which  are  included in the Non Test Category and  for  them there will be two separate lists, namely, (a) for  Displaced Government servants and (b) for others.  Both the lists will be  drawn  up ranking the employees in  order  of  seniority according to their length of service.  The employees who are included  in  these  lists will be  eligible  for  permanent appointments in accordance with their position in the  lists upto  the respective quotas prescribed for them.   It  will, therefore, appear that although there may be a large  number of employees included in the lists of Non Test Category, all may  not  be absorbed in the permanent  vacancies  but  only these in order of seniority in the lists upto the sanctioned strength of the vacancies in the Non Test Category. ,Next  comes  those  Assistants  who  are  eligible  to   be considered  for  permanent  appointment  to  the   vacancies reserved  for the First Test Category by qualifying  at  the first  test  to  be  held  by  the  Federal  Public  Service Commission.   Here  again on the results of the  first  test candidates  in order of merit upto the number  of  vacancies allotted  to this category will be confirmed in  the  grade. That  is  to say, although there may be a  large  number  of temporary  Assistants  who may have qualified at  the  first test,  only  the candidates in order- of  merit  upto  their quota  in this category will be confirmed.  Similarly  there will  also  be  a Second Test Category  which  will  include candidates  who  have qualified in the test but  only  these candidates  in  the  order  of  merit  upto  the  number  of vacancies allotted to this Category will be confirmed.   The inter  se  seniority of the confirmed employees in  the  Non Test  Category, The First Test Category and The Second  Test Category wilt be according to their length of service. Paragraph  8 of the instructions which deals with  seniority of

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Assistants  in Grade IV as newly constituted, which is  even quoted  in the Office Memorandum of June 22, 1949,  provides in substances,follows :-                 All  existing permanent Assistants who  were               confirmed  in their posts prior to October 22,               1948,  will be arranged in the first  instance               Ministry-wise in accordance with the rules  in               force then. They will be senior to all  others               confirmed thereafter in vacancies arising upto               October  22,  1950. Those  who  are  confirmed               after  1943 in vacancies arising upto  October               22,  1950, will be arranged in a  single  list               for  all Ministries and their seniority  inter               se will be determined on                206               the  basis  of  their  length  of   continuous               service temporary or permanent in the grade of               Assistant or in an equivalent grade. After the sanctioned strength of the permanent establishment has been filled up as set out earlier, the remaining persons in  the  Non Test, First Test and  Second  Test  Categories, because  of  lack  of sanctioned  strength  in  the  various categories,  could  not  be absorbed  will  form  a  regular temporary  establishment  (R.T.E.). There will be  a  single seniority  list  for  such  R.T.E.  and  seniority  will  be determined on the basis of the length of continuous service. The  sanctioned  strength of the service  upto  October  22, 1950,  will be filled as above.  Thereafter a proportion  of future permanent vacancies will be, filled by  appointments, based upon seniority from the list of members of the R.T.E. The  next  stage  is  reached  when  instructions  for   the constitution  and  maintenance  of  the  regular   temporary establishment of Assistants were issued on August 26,  1952. The R.T.E. as initially constituted is as follows :- A list (List A) arranged in order of seniority as Assistants shall  be prepared of all existing Assistants that is  those holding  Posts  of  Assistant as on July  1,  1952  and  not confirmed  in Grade IV and of others specifically  mentioned in  sub-para (2) (i) of para 3 of the  instructions.   These left over from the two Non Test lists mentioned earlier  are entered  in one list (List B) in accordance  With  seniority with some weightage for Displaced Government servants.   The lists  of  persons who have qualified in the First  and  the Second Test Categories but not confirmed in the service  are referred  to as Lists C and D respectively.  For  the  first time a rotation system is introduced as per sub-para (5)  of these  instructions in so far as appointments to the  R.T.E. shall  now be made one from each list in serial  order  from the  top of each list until 1200 persons are chosen.   There is, however, an overall reservation of 121/2% for  Scheduled Castes and 5% for Schedule Tribes.  Persons who are  neither permanent  members of Grade TV nor members of the R.T.E.  of Assistants are referred to as "Ex-cadre" Assistants.   Under para 4 of these instructions the list of R.T E. prepared  in accordance with para 3(5) shall be the Gradation List of the R.T.E.  at its initial constitution.  Para 6  provides  that the   persons  appointed  to  the  R.T.E.  at  its   initial constitution shall be senior to these appointed later.   The latter shall rank inter se in the order of their appointment to   the  R.T.E.  in  accordance  with  para  5(4)  of   the instructions.  Para 9 provides that all permanent  vacancies in Grade IV not filled by direct recruitment on the  results of competitive examination held by the Union Public  Service Commission  shall be filled from the R.T.E. in the order  of the Gradation List subject to certain proviso, the first one

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being  that not less than one-fourth of the vacancies  shall be reserved for permanent Clerks. Then in the wake of these instructions came the Ministry  of Home  Affairs’ Office Memorandum of June 22,  1949,  dealing with  the subject of "seniority of the displaced  Government servants who have been absorbed temporarily in service under the  Central  Government".  Paragraph 2 of the  said  Office Memorandum may be set out 207               The question of seniority of Assistants in the               Secretariat   was   recently   examined   very               carefully   in  consultation  with   all   the               Ministries  and  the  Federal  Public  Service               Commission  and  the  decisions  reached   are               incorporated in para 2 of the Instructions far               the  initial  constitution  of  the  grade  of               Assistants. This  paragraph  8 which is mentioned is the, one  which  is quoted earlier from the Instructions of March 1, 1949, which was  expressly intended for the initial constitution of  the Assistant’s Grade of the Central Secretariat Services.   The principle  which was adumbrated in the Office Memorandum  of June 22, 1949, is the same as has been earlier mentioned  in paragraph 8 of the Instructions of March 1949. In  paragraph  11  of the counter-affidavit  of  the  Deputy Secretary   to  the  Government  of  India,  Department   of Personnel, Cabinet Secretariat, it is stated as follows :-               "I  say  that the statement;that  persons  who               were  appointed  long after  the  petitioners’               appointment  as Assistants have  been  further               promoted in supersession of the claims of  the               petitioners  is a statement made shorn of  its               context.  That criticism would have been valid               if  with  regard  to  the  Assistants  of  the               Central   Secretariat   Service   the   Office               Memorandum of 1949 was applicable under  which               length  of  service was the criterion  in  the               matter of determining seniority. " with refer-               ence to Annexure ’B’ to the writ petition I am               advised  to  submit that if the 1949  or  1959               Office  Memorandum  were  applicable  to   the                             petitioners’ case, then Annexure ’B’ w ould  be               valid and this respondent would have no  reply               thereto    but,   unfortunately,    for    the               petitioner,  they being governed by  different               principles  as regards seniority and  art  any               rate  they being not governed by 1948 or  1959               Office   Memorandum,  it  is  only  a   futile               exercise  to  find out what  would  have  been               their seniority in the Civil List of 1962  and               1949 Office Memorandum applied to them". It  may  be  noted that Annexure ’B’ to the  Petition  is  a statement  showing the order of seniority had it been  based on length of service as Assistant. The principal question that arises for consideration in this case  is whether the Office Memorandum of June 22, 1949,  is applicable  in  determining seniority  of  the  petitioners. Para  2  of the Office Memorandum as  quoted  above  clearly shows that paragraph 8 which contains the rule of  seniority being  length of continuous service was in terms  applicable to the initial constitution of the grade of Assistants.  The said  rule  of seniority should be taken as  "the  medal  in framing  the rules of seniority for other  services".   This would  go to demonstrate that the Office Memorandum of  June

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22,  1949,  is no bar to the Government in  making  separate provisions   for  the  mode  of  constitution.  and   future maintenance of the service of Assistants.  There is,  there- fore, no obligation under the aforesaid Office Memorandum on the part of the Government to enforce a rule of bald  length of continuous 208 service  irrespective  of  other  considerations  then   the service  was  sought to be reorganised and  reinforced.   As noticed earlier the service had to be reconstituted and  the temporary  Assistants properly observed keeping in view  the question  of quality and efficiency as well as at  the  same where  regard  being had to accommodate as large  number  as possible for gradual absorption.  In doing so we are  unable to  hold that the Government has violated the provisions  of articles  14 or 16 of the Constitution.  The  classification under  the  instructions  for the  constitution  of  regular temporary  establishment  in  the  manner  done  cannot   be characterised  as  unreasonable in view of  the  object  for which  these  had  to be introduced  in  reconstituting  the service to ensure security of temporary employees  assistant with efficiency in the Service.  There is no  discrimination whatsoever  amongst  the equals as such  nor  any  arbitrary exercise  of  power by the Government.  In  absence  of  any statutory rules prior to the Central Secretariat Rules  1962 it  was open to the Government in exercise of its  executive power  to issue administrative instructions with  regard  to constitution  and reorganisation of the Service as  long  as there  is  no violation of article 14 or article 16  of  the Constitution.   Subject  to what is observed  hereafter,  as held  above  we  do not find that the  instructions  of  the Government  made from time to time violated any  fundamental rights of the petitioners.  We should also observe that  the various  Office  Memorandum and instructions  including  the Civil list of 1962 have not been challenged as invalid  with the  solitary  exception of the Office  Memorandum  of  1971 (Annexure 1).  This Office Memorandum again is based on  the Civil List of 1962 the validity of which is not specifically challenged in this Petition.  We, therefore, do not find any infirmity  in  the Office Memorandum of 1971  (Annexure  1), simply  because  it  is not in conformity  with  the  Office Memorandum  of June 22, 1949.  Besides, it is stated in  the counter-affidavit  of the Deputy Secretary (page 176 of  the record)  that  "the Office Memorandum of 1971 is  no  longer operative.  "    We  have seen that the rule  of  length  of continuous service has been adopted in the case of different categories  reconstituted in the Service in accordance  with the administrative instructions of the Home Ministry  issued after consultation with the Union Public Service Commission. The  grievance that the said Office Memorandum  should  have been  applied  to all the temporary  employees  without  the requirement of their being eligible in accordance with other instructions is without any foundation and cannot be upheld. A regular set of separate instructions governed the  Service the  existence  of which cannot be explained if  the  Office Memorandum of June 22, 1949, alone were applicable, de  hors these other instructions. It is further contended that rule 18 of the Rules is invalid in  so  far as it protects the seniority of  the  Assistants already observed violating the rule of continuous length  of service amongst the entire group as a whole.  This  argument is  untenable  as the rule of continuous length  of  service cannot  be  invoked  unless  the  temporary  Assistants  are absorbed in the Service in accordance, with the instructions which  are valid.  The entire group of temporary  Assistants

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cannot  claim seniority by the rule of length of  continuous service  without prior compliance with the  conditions  laid down under the instructions.  Rule 1 8 is, there- 209 lore,  not  violative  of article 14 or  article  16  of,the Constitution on the score of giving effect to the earlier or other  instructions  which  are not found  to  be  otherwise objectionable. That leaves one more question to be resolved, that is,  with reference  to  the  direct  recruits.   Once  the  temporary Assistants have been absorbed in the service after they  are found  to  be eligible in accordance with  the  instructions their claim for seniority cannot be superseded by the direct recruits  if appointed after the former’s absorption in  the Service.  This conclusion is based on the following  factors :- Although  the  Scheme  was  made in July  1948  it  was  not enforced until November 1951.  Even then there was no direct recruitment  until  1956.  The reasons for  delaying  direct recruitment  can be found from a perusal of paragraph 15  of the 1948 Scheme itself,that "it is essential from the  point of  view  alike of economy and efficiency that  as  large  a proportion is possible of the members of the service  should be  recruited  on  a permanent basis.    If  the  Authorised permanent  strength  is reduced, effect should be  given  to such  reduction  by equivalent reduction  in  the  following triennium of the rate of direct recruitment to the  Service. It  was,  therefore,  not the intention  of  the  scheme  to prejudice  the  seniority  of  the  Assistants  after  their absorption in the Service nor such an intention was  evident in   the  explanatory  memorandum  annexed  to  the   Office Memorandum  of October 25, 1948.  In para 11 of  the  latter Memorandum it is unambiguously stated the "reinforcement  is not required at the lowest level,  namely., the  Assistants’ Grade.   Here what is necessary is the: weeding out  of  the poor quality material and the improvement of efficiency-  of the  rest.  through permanent tenure and better  training  d guidances.  This is also clear from the instructions for the constitution  and  maintenance  of  the  regular   temporary establishment  of Assistants dated August 26, 1968.  Para  9 thereof  provides that "all permanent vacancies in Grade  IV not   filled  by  direct  recruitment  on  the  results   of Competitive  Examination, held by the Union  Public  Service Commission shall be filled from the Regular Temporary Estab- lishment  in the order of Gazetted List" subject to  certain provisions with which we are not concerned. It appears the quota, if any, of direct recruitment Was  Dot enforced  and perhaps for good reasons as noted  above,  the policy  of the Government being  different.   Administrative instructions,  if  not carried into effect for  obvious  and good  reasons, cannot confer a right upon entrants on  later recruitment  to enforce the same to supersede the claims  of others  already absorbed in the Service in  accordance  with the appropriate and valid instructions.  Nothing was brought to  our  notice which could justify such a wholesale  or  en bloc  discrimination in favour of those who  suddenly  enter the same grade of service by direct recruitment.  It  would, if permitted, be violative of article 16 of the Constitution which should never be overlooked in such cases. We  are,  therefore,  clearly of  opinion  that  the  direct recruits  who  were appointed after the  absorption  of  the Assistants,  in  conformity  with the  instructions  of  the initial constitution or in regular temporary 15-L379 Sup.  CI/75 210

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establishment   shall  rank  junior  to  the  latter.    We, therefore,  direct  that the seniority  of  such  Assistants shall   be  adjusted  and  the  seniority   list   corrected accordingly.   This will, however, not affect the  cases  of these Assistants who are already promoted and confirmed in a higher rank prior to the date of this petition. The   learned  counsel  for  the   respondents   strenuously contended  that the petition may be dismissed on account  of delay  and laches.  In view of the entire  circumstances  of the case and the hopes held out by the Government from  time to time we are not prepared to accede to this submission. The  petitioners also sought to take advantage of what  they described  as admission in Government’s affidavits filed  in connection  with  certain  earlier  proceedings  of  similar nature  and other admissions in Parliament on behalf of  the Government.   We,  are, however, unable to  hold  that  such admissions,  if  any, which are mere expression  of  opinion limited  to the context and also being rather  vague  hopes, not  specific assurances, are binding on the  Government  to create an estoppel. In  the view we have taken the case is distinguishable  from Union  of India and Ors. v. M. Ravi Yarma and  Ors.  etc.(1) principally relied upon by the petitioners. In  the  result the petition is partly allowed only  to  the extent  that  the Assistants who have been absorbed  in  the Service in conformity with the instructions will rank senior to the direct recruits appointed after such absorption.  The seniority list shall be adjusted and corrected  accordingly. This  direction will, however, not affect  those  Assistants who  have  already been promoted and confirmed in  a  higher rank   prior  to  the  date  of  this  petition.    In   the circumstances of the case we leave the parties to bear their own costs. P.H.P.                        Petition allowed in part. 1. [1972] 2 S.C.R. 992; 211