PRATIBHA BANERJEE, J. - (1.) This is an application u/s. 19 of the Administrative Tribunals Act, 1985.
(2.) The applicant is a non -state civil service officer, who was selected as I.A.S. in December, 1977 by the Selection Committee constituted under Regulation 3 of the Indian Administrative Services (Appointment by Selection) Regulation, 1956. A select list on the basis of the interview was. approved by the U.P.S.C. and the applicant's name was placed in the 2nd position in the list. But upto January, 1980, the applicant was not appointed by the respondents -Govt. of India. Thereafter, the State of West Bengal issued a Notification dated 3 -4 -1979 allowing the applicant to officiate against a cadre post of I.A.S. with effect from 24 -4 -1979 (Annexure -B to the application). The Govt. of India appointed the applicant to the cadre of I.A.S. vide Notification dt. 8 -1 -80 (Annexure -C to the application) Although the Govt. of West Bengal requested the Govt. of India to allow the applicant the benefits of officiating period from 24 -4 -79 to 7 -1 -80 in terms of the Govt. of India's Circular dt. 12 -2 -77, but that was not done.
(3.) According to the applicant, Govt. of India had asked the applicant to appear again in the interview in December, 1978 (Annexure -D to the application). The applicant appeared in the said interview and the U.P.S.C. declared the result on the basis of the interview held in December, 1977. The list prepared on the basis of interview in 1978 was approved by the U.P.S.C. on 22 -5 -1979 (Annexure -E to the application).;