ASHOK V DAVID M G HALAPPANAVAR Vs. UNION OF INDIA
LAWS(SC)-1996-5-106
SUPREME COURT OF INDIA (FROM: KARNATAKA)
Decided on May 10,1996

ASHOK V.DAVID Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Hansaria, J. - (1.) Leave granted.
(2.) The appellants who were direct recruits to the Karnataka Administrative Service had become due for consideration for promotion to the Indian Administrative Service (IAS) in the year 1982 in accordance with the Indian Administrative Service (Appointment by Promotion) Regulations, 1955. They were, however, not so considered because they did not come within the zone of consideration as in the seniority list their position was low, and as, to come within zone of consideration the number of persons to be considered can be only twice, they were left out. It is not in dispute that their seniority position was changed to their advantage subsequently. It is also not in dispute that had their position in the seniority list been correctly reflected earlier, they would have been within the zone of consideration. When the selection committee set in December, 1983.
(3.) The appellants' case is that they having been denied consideration in December, 1983 because of their wrong placement in the seniority list, their promotion to the IAS got delayed, with the consequential result that proper year of allotment was not assigned to them. They, therefore, approached the Central Administrative Tribunal with prayer to direct the Union of India to give them the order of allotment as 1979 (instead of 1982), which had been given to the persons who were really junior to the appellants, but had been shown senior earlier, which position came to be altered subsequently. This has been denied. Hence these appeals.;


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