BALRAJ SINGH Vs. ASHOK KHEMKA

JUDGEMENT

(1.) This order shall dispose of Civil Writ Petition No.5215-CAT of 2003, filed by the members of the Indian Administrative Service, promoted from the State Civil Services (hereinafter referred to as the 'Promotees'), and the Civil Writ Petition No.12536-CAT of 2003, filed by the Union of India against the order dated 10.3.2003, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as the 'Tribunal'), on an Original Application filed by respondent No.1 herein, i.e., a Direct Recruit to the Indian Administrative Service, Haryana Cadre (hereinafter referred to as the 'Direct Recruit').

(2.) The brief facts, out of which the present writ petitions arise, are that the Direct Recruit-Dr.Ashok Khemka (an Indian Administrative Officer of 1991 Batch) filed an application under Section 19 of the Administrative Tribunals Act, 1985 before the learned Tribunal, challenging the assignment of the years of 1990 and 1991 as the years of allotment to the Promotees impleaded in the Original Application.

(3.) The challenge in the Original Application is that in terms of Rule 3 (3) (ii) of the Indian Administrative Service (Regulation of Seniority) Rules, 1987, as amended on 31.12.1997 (hereinafter referred to as the 'Seniority Rules'), the year of allotment in terms of the length of service is to be reckoned with reference "to the year in which the Selection Committee held its meeting", whereas, the same has been determined with reference to the year for which the Selection Committee made its recommendation. In other words, the dispute is whether the year of allotment is to be determined with reference to the year in which the Selection Committee held its meeting or with reference to the vacancies for the year in which the Selection Committee held its meeting.