UNION OF INDIA Vs. S S UPPALAND ANOTHER

JUDGEMENT

(1.) Special leave granted.

(2.) Shri S. S. Uppal was appointed as Development Officer under the Commerce and Industry Department of State of Madhya Pradesh. Thereafter, he was promoted to the post of Joint Director of Industries on 2nd July, 1982. In August, 1988, he was considered suitable for absorption in Indian Administrative Service cadre against the quota of non-State Civil Service Officers under Rule 8(2) of the Indian Administrative Service (Recruitment) Rules, 1954. A panel of four suitable officers was prepared after taking into account the vacancies which were due to arise on 1st October, 1988 (two vacancies), on 1st December, 1988 (third vacancy) and on 1st February, 1989 (fourth vacancy). Uppal was placed at S. No. 4 in the panel and, therefore, was not considered for filling up the vacancies that arose on 1st October, 1988 and on 1st December, 1988. He could only be considered for appointment to the vacancy which arose on 1st February, 1989. This vacancy, however was not filed up immediately. It was only on 15th February, 1989 that S. S. Uppal was appointed to the Indian Administrative Service. In the meantime, on 3rd February, 1989 the provisions of Indian Administrative Service (Regulation of Seniority) Rules, 1987 were amended.

(3.) S. S. Uppal, the respondent No.1 herein, made an application before the Central Administrative Tribunal, Jabalpur, claiming the Rule 2 of the Amendment Rules of 1989 was ultra vires and was hit by Articles 14 and 16 of the Constitution of India. He further contended that in any event he was due for appointment to the vacancy on 1st February, 1989. Therefore, his seniority must be as of the date of vacancy on 1st February, 1989 and in accordance with the rules in force on that date. The delayed appointment could not, in any way, take away the right that had accrued to him on 1st February, 1989, the date on which the vacancy arose.