Bal Raj Tuli, J. - (1.) The petitioners, seven in number, are members of the Indian Administrative Service (hereinafter called the Service) who were successful in the examination held by the Union Public Service Commission in 1966, they were recruited to the Service in July, 1967, as direct recruits in the Junior time-scale of pay (Rs. 400-1000). They were all confirmed from different dates in July, 1969, after successful completion of two years. period of probation. According to Schedule I to the Indian Administrative Service (Pay) Rules, 1954, when a direct recruit is appointed to a post on a senior time-scale. he is to be allowed Rs. 900.00per mensem as his pay in the first six years of joining the service. In the 7th year, he is entitled to Rs. 950.00 and in the 8th year to Rs. 1000.00, Rule 6-A of the Indian Administrative Service (Recruitment) Rules, 1954, makes a provision for the appointment of direct recruits to posts in the senior time-scale of pay and reads as under, "6-A Appointments of direct recruits to posts in the Senior time-scale of pay (1) Appointments of direct recruits to posts in the senior time-scale of pay shall be made by the State Government concerned. (2) A direct recruit in the junior time-scale of pay shall be appointed to a post in the senior time-scale of pay, if, having regard to his length of service, experience. and performance in the junior time-scale of pay, the State Government is satisfied that he is suitable for appointment to a post in the senior time-scale of pay. (3) Notwithstanding anything contained in sub-rule (2), the State Government may (a) postpone the appointment of a direct recruit to a post in the senior time-scale of pay till he passes the prescribed departmental examination or examinations and promote his juniors to such a post; (b) appoint a direct recruit at any time lo a post in the senior time-scale of pay as a purely temporary or local arrangement."
(2.) Rules 8 and 9 of the Indian Administrative Service (Cadre) Rules, 1954, are as under:- "8. Cadre, posts to be filled by cadre officers save as otherwise provided in these rules, every cadre post shall be filled by a cadre officer. 9. Temporary appointment of non-cadre officers to cadres posts. (1) A cadre post in a State may be filled by a person who is not a cadre officer if the State Government is satisfied:- (a) that the vacancy is not likely to last for more than three months, or (b) that there is no suitable cadre officer available for filling the vacancy. (2) where in any State a person other than a cadre officer is appointed to a cadre post for a period exceeding three months, the State Government shall forthwith report the fact to the Central Government together with the reasons for making the appointment. (3) on receipt of a report under sub-rule (2) or otherwise, the Central Government may direct that the State Government shall terminate the appointment of such person and appoint thereto a cadre officer, and where any direction is so issued, the State Government shall accordingly give effect thereto. (4) Where a cadre post is likely to be filled by a person who is not a cadre officer for a period exceeding six months, the Central Government shall report the full facts to the Union Public Service Commission with the reasons for holding that no suitable officer is available for filling the post and may in the light of the advice given by the Union Public Service Commission give suitable direction to the State Government concerned."
(3.) The only other provision relevant for the decision of this petition is Regulation 8 of the Indian Administrative Service (Appointment by Promotion) Regulations. 1955. which reads as under:- "8. Appointment to Cadre Posts from the Select List. - Appointments of members of the State Civil Service from the Select List to posts borne on the State Cadre or the joint Cadre of a group of States, as the case may be, shall be made in accordance with the provisions of Rule 9 of the Cadre Rules. In making such appointments the State Government shall follow the order in which the names of such officers appear in the Select List:- Provided that where administrative exigencies so require, a member of the State Civil Service whose name is not included in the Select List or who is not next in order in that Select List may. subject to the aforesaid provisions of the Cadre Rules, be appointed to a cadre post if the State Government is satisfied - (i) that the vacancy is' not likely to last for more than three months, or (ii) that there is no suitable cadre officer available for filling the vacancy." It may be stated here that the Select List is prepared under the Indian Administrative Service (Appointment by Promotion) Regulations, 1955, from amongst the members of the State Civil Service by a Selection Committee, which list is approved by the Central Government after consultation with the Union Public Service Commission.;