UNION OF INDIA Vs. VIPINCHANDRA HIRALAL SHAH

JUDGEMENT

(1.) The short question that falls for consideration in this appeal is whether it is permissible to club vacancies of a number of years while preparing the select list for promotion to the Indian Administrative Service (for short 'service') from the State Civil Service. By the impugned judgment dated 30/11/1993 the central Administrative tribunal, Ahmedabad bench (hereinafter referred to as 'the tribunal') has held that such clubbing of vacancies is not permissible and that separate select lists should be prepared by the Selection Committee for each year.

(2.) The Indian Administrative Service (Recruitment) Rules, 1954 make provision for appointment to the Service by promotion from amongst the substantive members of a State Civil Service [rules 4 (l) (1 and 8 (1]. Such promotion to the Service from the State Civil Service is governed by the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 (hereinafter referred to as "the Regulations"). Regulation 3 makes provision for constitution of a Committee to make the selection. Regulation 5 prescribes the procedure for making the selection by the Committee and the preparation of a list. The said list prepared by the Committee in accordance with Regulation 5 is required to be forwarded by the State government to the Union public service commission (Regulation 6 and the list as approved by the Union public service commission forms the select list for purpose of promotion of the members of the State Civil Service (Regulation 7. Appointments to the Service are made by the central government on the recommendation of the State government from the said Select List (Regulation 9.

(3.) The respondent was a member of the Gujarat Administrative Service Class I, having been recruited to the said service in the year 1967. The select list for promotion to the Service from the State Civil Service was prepared by the Selection Committee under the Regulations in July 1979. Even though respondent had put in the requisite 8 years' continuous service in the State Civil Service in July 1979, he was not considered by the Selection Committee because he fell outside the zone of consideration. Thereafter no select list was prepared for promotion of State Civil Service officers in Gujarat till December 19/01/1987. The respondent was not selected in the said selection. He filed a petition (OA No. 646 of 1988 before the tribunal wherein he assailed the select list prepared by the Selection Committee in December 19/01/1987 on the ground that it was not permissible to club together the vacancies of the years 1980 to 1986 for the purpose of making selection under Regulation 5 of the Regulations and that Selection Committee should have met every year to prepare a select list for the vacancies of each year. The said application submitted by the respondent has been allowed by the tribunal by the impugned judgment. The tribunal has held that the action of the appellants in clubbing the vacancies and thereby enlarging the zone of consideration could have prejudiced the respondent and, therefore, it was illegal. The tribunal has directed theappellant to prepare select list from year to year from 1980 to 1986 and thereafter on the basis of vacancies from year to year without clubbing the vacancies in any particular year and as the part of the exercise to consider a the case of the respondent for promotion to the Service and should his name figure in the select list and, should the vacancies permit, to appoint him to the Service and to give him all consequential benefits on the basis of such appointment from the date of the appointment. Feeling aggrieved by the said decision of the tribunal, the appellant has filed this appeal.