M.Y.EQBAL, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner - State of Jharkhand for quashing the order dated 13.1.2006 passed by the Central Administrative Tribunal, Circuit Bench, Ranchi in O.A. No.221/2001 and further for issuance of writ or order declaring that the two resolutions of the State of Jharkhand dated 17.1.2003 and its modification dated 5.5.2003 are lawful and valid in the eye of law.
(2.) THE aforesaid O.A. No.221/2001 was filed by respondent No.4 being aggrieved by the action of the respondents in not taking proper action for considering his case for appointment to I.A.S. in accordance with the I.A.S. (Appointment by Selection) Regulations, 1997. Earlier, the respondent No.4 filed the writ petition being C.W.J.C. No.1701 of 2000 for the same relief and this court directed respondent no.4 to move first before the Central Administrative Tribunal for appropriate relief. The case of respondent No.4 (hereinafter referred to as ˜the petitioner') is that he entered in service in 1980 as Assistant Engineer and reached at the cadre of Executive Engineer in the pay scale of Rs.3700 -5000 (pre -revised scale). In 1998 his case was recommended by the Department Selection Committee of Public Works Department (P.W.D.) for selection in I.A.S. for non -S.C.S. vacancies of 1998. However, recommendation was returned in 1999 as no decision could be taken by the State Government. Again in November, 1999, the Department, Selection Committee of P.W.D. recommended the name of the petitioner against non -S.C.S. vacancies of 1999. However no recommendation was sent for two vacancies of 1999 by the State Government to the committee of Union Public Service Commission as per the Regulation. Consequently, the petitioner filed writ petition in the Patna High Court being C.W.J.C. No.1701 of 2000 for issuance of a direction upon the State of Bihar to send proposal for consideration to the committee of Union Public Service Commission (in short ˜U.P.S.C.') and for further consequential action and also for preparation of yearwise select list against year -wise vacancy for selection of I.A.S. from non -S.C. S. In the meantime, the parent State of Bihar divided and the State of Jharkhand came into existence with effect from 15.11.2000. On 21.4.2001 the successor State of Bihar brought a resolution under Regulation No.4 of 1997 Regulations declaring equivalence i.e. those in the pay scale of Rs.10000 -15200 (revised) and higher pay scale, declared equivalent to Deputy Collector and who have remained for 8 years in such scale shall only be eligible for consideration of appointment by selection to I.A.S. under 1997 Regulation. Accordingly, letter was issued by the Department of Personnel and Training, Government of Bihar asking for proposal to be sent to the U.P.S.C. for preparation of select list for appointment by selection to I.A.S. for non -S.C.S. vacancies. In that Departmental letter, names were also asked for in respect of officers of non -.S.C. S. posted in the State of Jharkhand. The petitioner challenged the regulation by filing a writ petition before the Jharkhand High Court declaring equivalence. This Court in terms of order dated 11.9.2001 held that the Jharkhand Government can in no manner act on the resolution dated 21.4.2001 issued by the State of Bihar till it is adopted by it. The Court further held that so far the recommendation of petitioner and others for appointment to I.A.S. is concerned, the aggrieved persons may move the Central Administrative Tribunal. The petitioner then filed representation to the Chief Secretary, Government of Jharkhand requesting to take steps in the light of observations of the court to get the vacancies of non -S.C.S. declared and send proposal to the Government of India. Since no action was taken by the Government, the petitioner moved the Central Administrative Tribunal for the relief inter alia for issuance of direction upon the Government of India to notify the vacancies for the years 1998 -99 and 1999 -2000 for non -S.C.S. category for appointment of I.A.S. to the State of Jharkhand and further for a direction upon the State of Jharkhand to consider the case of the petitioner along with other eligible officers for appointment to I.A.S. against such vacancies for the years 1998 -99 and 1999 -2000. Further prayer was made to restrain the successor State of Bihar from sending names of the officers against vacancies of the aforesaid years of the united Bihar which has to be redetermined and notified to each successor State. While the main application before the Tribunal was pending, the petitioner filed an application in October, 2002 being Misc. Application No.90 of 2002 seeking direction upon the Government of India and the State Government to get vacancies of 2002 for non -S.C.S. notified and to complete the exercise for appointment by 31st December, 2002 as per the mandate of 1997 Regulations. The aforesaid Misc. Application was disposed of by the Tribunal in terms of the order dated 13.12.2002 directing the Government of India, the State Government and the U.P.S. C. to ensure that vacancies for 2002 for non -.S.C.S. be determined immediately and the process for sending the names be completed well within time by 31.12.2002. It was further observed by the Tribunal that in case of time limit is not adhered to, vacancies for 2002 may not be allowed to lapse. Pursuant to the aforesaid order, the names of suitable non -S.C.S. officers were called for from various departments by the Department of personnel and Training, Government of Jharkhand and by notification dated 24.12.2002, one vacancy was notified for non - S.C.S. quota of Jharkhand by the Government of India for the year 2002. It appears that on 27.12.2002, the Departmental Selection Committee, P.W.D. (Road), recommended the name of the petitioner as the most suitable candidate from the Department fulfilling all the relevant criteria. In the meantime, the Government of Jharkhand filed a supplementary affidavit on 8.1.2003 in the main application praying for extension of time which was extended upto 15.1.2003 for completing the formalities in sending to the U.P.S.C. within the extended time.
(3.) THE Department of Personnel and Training came with a resolution of equivalence dated 17.1.2003. According to the resolution those who have remained in the prescribed scale of Rs. 3000 -4500 or revised scale of Rs.10000 -15200 or above scale for 8 years are declared to be equivalent to Deputy Collector under Civil Services. However, in spite of the order passed by the Tribunal extending the time limit, the exercise was not completed although several letters were issued by the Department of Personnel and Training to all departments asking for names for filling of non -.S.C.S. quota of one vacancy for appointment to I.A.S. By letter dated 4.3.2003 issued under the signature of Deputy Secretary, Department of Personnel and Training, to the Secretary, P.W.D. (Road), request was made to send his recommendation in relation to the petitioner in the light of the criteria laid down in the resolution dated 17.1.2003. In reply to that letter, the Secretary, P.W.D. (Road) disclosed the details of the petitioner in proforma attached showing respondent No. 4 has remained in the pre -revised scale of Rs.3000 -4500 since December, 1999 in Class -I and thereafter in prescribed scale of Rs.3700 -5000 since October, 2000 in Class -I till date. While the correspondence was going on, the State of Jharkhand came with another notification/resolution issued by the Department of Personnel and Training amending the earlier resolution dated 17.1.2003. According to the aforesaid resolution, the pay scale of Rs.10000 -15200 (or pre -revised scale of Rs.3000 -4500) and Rs.3700 -5000 which revised scale is Rs.10000 -15200 or higher scale officers of non - S.C.S. who fulfilled this criteria for 8 years were declared equivalent to the rank of Deputy Collector.;