Decided on June 16,2003

JYOTHILAL K.R. Respondents


Jawahar Lal Gupta, C.J. - (1.) Did the Central Government err in allocating the 1st respondent to the IAS Cadre for the State of Orissa? The Central Administrative Tribunal has answered this question in the affirmative. It has held that the allocation was made irrespective of the fact that there was a short fall of insider quota in the Kerala Cadre of the IAS; the State of Kerala had requested for more insiders; and that the allocation was made without effective consultation with the concerned State Governments. Aggrieved by the order dated Nov.5, 2002, a copy of which is at Exh. P-1, the Union of India has filed this petition under Article 226 of the Constitution. The relevant facts may be briefly noticed.
(2.) The first respondent had appeared in the Civil Services Examination held in the year 1992. He was successful and was placed at No. 18 in the order of merit. While he was undergoing training at the Lal Bahadur Shastri Academy, he was informed vide notification dated 17/12/1993 that he had been allocated to State of Orissa. A copy of this notification has been produced on record as Annexure A1. Thereafter, on 8/02/1994, the Central Government sent a proposal to the State of Orissa indicating that the first respondent was one of the officers who were being allocated to that State. A similar proposal was forwarded to the State of Kerala in respect of another set of officers vide letter dated 9/02/1994. These two communications are on record as Exts.P4 and P6. The State of Orissa had communicated its acceptance vide letter dated 8/03/1994. This communication has been placed on record as Ext.P5. A similar communication was also sent by the State of Kerala vide its letter dated 21/03/1994 (Ext.P7).
(3.) The first respondent requested the Central Government to allocate him to the State of Kerala. The matter was considered. Vide letter dated 5/05/1995 (a copy at annexure A4), the request was declined. On 25/05/1995, the Government issued a notification placing the respondent alongwith the various other officers on probation with effect from 5/09/1993. On successful completion of the period of probation, the respondent was posted as Sub Collector-cum-Sub Divisional Magistrate at Bhavanipatna.;

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