- (1.) Heard learned counsel for the parties.
(2.) The writ-petitioner is aggrieved by the adjudication made by the learned Central Administrative Tribunal, Patna Bench at Ranchi in O.A. No.29 of 2013(R) vide impugned order dated 6th August, 2014 (Annexure-3). The prayer of the applicant was for consideration of his case for selection to the IAS from the Non-State Civil Services Quota for the vacancies of the year 2008 against which his name was recommended by the Road Construction Department, his parent department and the Department of Personnel, Administrative Reforms & Rajbasha, Government of Jharkhand. He also sought quashing of the letter dated 4th September, 2012 issued by the Ministry of Personnel, Public Grievances and Pension, Department of Personnel and Training, Government of India whereby the vacancies for the State Civil Services Cadre have been notified to be filled up by promotion. Petitioner felt aggrieved as the entire quota of Non-State Civil Services Cadre have been demerged and merged into the quota of SCS Cadre in an arbitrary manner. Petitioner consequently prayed for consideration of his case for the vacancies notified for the year 2008. The writ-petitioner was holding the post of Executive Engineer in the year 2008 in the Road Construction Department, Government of Jharkhand.
(3.) Learned CAT by the impugned order inter alia held as follows:- That the Selection Committee meeting to fill up the three vacancies for the year 2008 from the non SCS quota could not be convened before the cut off date of 31st December, 2008. UPSC therefore, in exercise of power under Regulation 5(c) of the IAS (Appointment by Selection) Regulations 1997 held it not practicable to convene the Selection Commission meeting for the year 2008. This was ostensibly on account of the delayed submission of the proposal to the UPSC. We may point out at this stage that the State Government had requested the Union Public Service Commission through letter no.1738 dated 16th March, 2009 to convene the meeting of the Selection Committee for appointment of non SCS officers by selection to IAS (Annexure-C to the counter affidavit of the respondent-State Government). Names of ten Non-SCS officers were recommended for consideration alongwith the enclosed documents relating to the vacancies; eligibility list; statement of disciplinary cases/penalties; adverse remarks/entries in ACR's; ACR dossiers; contact details; equivalency circular and bio-data. The UPSC had however, before the issuance of the letter dated 16th March, 2009 taken a decision in terms of Regulation 5(c) of the Regulations 1997 that it was not applicable to hold the Selection Committee meeting for preparation of the Select List of 2008 for appointment to the IAS from Non-SCS Officers of Jharkhand. This decision is contained in letter dated 20th January, 2009 which is enclosed to the counter-affidavit of the UPSC filed in the instant writ petition on 18th August, 2017. It is not in dispute that instant decision of the UPSC was not challenged by the applicant/petitioner in the original application. The learned CAT also observed that the original application has been filed on 12th February, 2013 without laying any challenge to the decision of the UPSC. It has also been observed that the State Government was required to furnish appropriate certification on three issues as recommended through the letter of the Government of India for the purposes of determination of vacancies under SCS and Non-SCS categories for the year 1st January, 2010 to 31st December, 2010 i.e. Select List 2010 for SCS and 2011 for Non-SCS. These issues related to certification on specific circumstances necessitating filling up of eight vacancies under Non-SCS category; availability of sufficient number of eligible Non-SCS officers of outstanding merit and ability and certificate to the effect that the post held by Non-SCS officers whose names are proposed to be sent hold a post equivalent to the post of Deputy Collector of the State Civil Services Cadre. The learned Tribunal was also of the view that the Regulation of 1997 do not provide for consideration of Non-SCS officers on an annual basis given the scheme of promotion wherein in only exceptional circumstances, as duly certified by the State Government, such vacancies are to be declared by the Department of Personnel & Training, Government of India. It also noticed that three vacancies were left un-touched for appointment by selection from the Non-SCS officers from the Select List of 2012 subject to the State Government's compliance with certification requirements for such cases. Learned Tribunal therefore did not find any substance in the O.A. to interfere with the impugned order dated 4th September, 2012. Accordingly, the Original Application was dismissed.;