UNION OF INDIA MINISTRY OF PERSONNEL Vs. N ASHOK KUMAR AND 2 ORS
LAWS(GAU)-2018-4-32
HIGH COURT OF GAUHATI
Decided on April 19,2018

UNION OF INDIA MINISTRY OF PERSONNEL Appellant
VERSUS
N Ashok Kumar And 2 Ors Respondents

JUDGEMENT

A M Bujor Barua, J. - (1.) Heard Mr. S.C. Keyal, learned ASGI for the petitioner as well as Mr. M.G. Singh, learned counsel for the respondent No.1. None appears for the proforma respondent Nos. 2 and 3 although the notices were issued by registered post with A/D.
(2.) The respondent No.1 appeared in the Civil Services Examination of 2003 and secured the 130th rank in the OBC (non-creamy layer) category. Accordingly by an order of 03.09.2004, he was appointed to the Indian Administrative Service (IAS) and was allocated to the Manipur/Tripura IAS Joint Cadre. The respondent accordingly, accepted such appointment without any protest and he continued to serve as such.
(3.) Allocation of cadre to the members of the IAS is governed by Rule 5 (1) and 5(2) of the IAS Cadre Rules, 1954. Rule 5(1) provides that "The allocation of cadre officers to various cadres shall be made by the Central Government in consultation with the State Government or the State Government concerned", whereas, Rule 5(2) provides that "The Central Government may, with the concurrence of the State Government concerned transfer a cadre officer from one cadre to another.";


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