J P CHANDELIA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE above named two applicants, Sarv Shri J.P. Chandelia and R.N. Arvind, who were the senior members of State Administrative Service of Rajasthan, have since been appointed on promotion to Indian Administrative Service (IAS). THEy are aggrieved on account of in-action on the part of the respondents to give them appointment in IAS against the quota of the year 1992-93 as well as on account of the positive decision of the respondents to assign them the year of Allotment (YOA) as '1988'. Shri R.N. Arvind, is admittedly junior to Shri J.P. Chandelia. By and large, he would swim or sink with the findings and decision which may be arrived at in the case of Sh. J.P. Chandelia. THE facts and the controversy in the two OAs overlap. With a view to avoid repetition and for the sake of clarity, it is proposed to decide both these O.As by this common Judgment.

(2.) By way of preface, it may be pointed out that the promotion of the members of the State Civil Service to IAS, is governed by the provisions of Indian Administrative Service (Appointment by Promotion) Regulation, 1955 [for short 'Promotion Regulations']. The Promotion Regulations have come into being with a view to open-up avenues and to provide opportunities for advancement and progression in career for the members of the State Civil Service as well as to avoid stagnation and to give due recognition to their merit and excellence in the discharge of their public duties. The promotion regulations are virtually the complete code or appratus providing a mechanism for appointment on promotion to IAS from amongst the members of the State Civil Service. Under the Promotion Regulations, a committee, as contemplated under Regulation 3, was constituted for the purpose of selection of the officers of Rajasthan, Cadre for promotion to IAS against the quota of 27 vacancies (23 substantive and 4 unforseen/fortuitous) of the year 1992-93. The Committee met on 23rd, 24th and 25th of March, 1992. The list prepared by the Committee was approved by the Union Public Service Commission (UPSC) on 4th May, 1992. In the select list, the name of Shri J.P Chandelia appeared at 20th position while the name of Shri R.N. Arvind, found place at Sl. No. 21 i.e. just below Shri J.P. Chandelia. On the recommendations of the State Government, Officers whose names appeared from Sl. Nos. 1 to 19 (up-to Shri P.C. Balai) were appointed under the provisions of Promotion Regulation 9(1). The select list was not operated by the State Government in respect of the officers whose names appeared from Sl. Nos. 20 to 27. The first vacancy which would have been available to Shri J.P. Chandelia, occurred on 1st February, 1993. His promotion was with-held on account of issue of a chargesheet dated 9th February, 1993 under Rule 16 of the Rajasthan Civil Services (CC&A) Rules, 1958. Shri Chandelia, filed O.A. No. 100/ 1993 before the Jaipur Bench of this Tribunal on 17th February, 1993. An interim order was passed in that O.A. on 16th March, 1993 to the effect that "any appointments made or any meeting of the fresh Selection Committee under Regulation 5 will not prejudice the case of the applicant". The said O.A. was finally decided on 18th August, 1993 with the direction to the State Government to consider the case of the applicant (Shri J.P. Chandelia), expeditiously and make necessary reference/recommendation either under Regulation 9(1) or Regulation 9(2), 10 or third Proviso to Regulation 7(4) of the Promotion Regulations. Two months' time was allowed to make such a reference/recommendation. The interim order dated 16th March, 1993 stood discharged. The departmental inquiry against Shri J.P. Chandelia, culminated in his exoneration from all the charges on 24th August, 1994. Due to pendency of the departmental inquiry against Shri J.P. Chandelia, who was at 20th position in the select list, appointment of Shri R.N. Arvind, whose name was at Sl. No. 21 and other selectees occupying down-ward positions in the select list, were stalled and in effect the select list of the year 1992 was operated in respect of only 19 officers as against 27 selectees. Another selection committee for filling up 25 vacancies of the quota for the year 1993-94 met on 26th October, 1993. The break-up of the 25 vacancies was, 12 existing + 9 anticipated + 4 unforseen/fortuitous. The list prepared by the selection committee on 26th October, 1993 acquired the status of select list within the meaning of Promotion Regulation 7(3) on approval by the Commission on 28th December, 1993. The name of Shri J.P. Chandelia, found place at Sl. No. 9. Incorporation of his name in the select list was treated as 'provisional" subject to clearance of inquiry pending against him. Shri R.N. Arvind, was placed at 10th position i.e. again just below Shri Chandelia. Since the selection of Shri R.N. Arvind was unconditional, he was appointed on promotion to IAS by Notification dated 31st December, 1993. After Shri J.P. Chandelia was completely exonerated of the charges against him on 24th August, 1994, the process of making his 'conditional' selection as 'un-conditional', was initiated and ultimately, he came to be appointed on promotion to IAS on 25th September, 1994. Both, Shri J.P. Chandelia and Shri R.N. Arvind, have been assigned the Year of Allotment (YOA) as '1988', in terms of the provisions of Rule 3 of the Indian Administrative Service (Regulation of Seniority) Rules, 1987 [for short "Seniority Rules'].

(3.) SEPARATE replies have been filed in both the O.As. by the Union of India (respondent No. 1) as well as the State of Rajasthan (respondent No. 2). The UPSC (respondent No. 3), has chosen not to file any reply as it was not required. The replies filed in both the O.As. are almost on identical lines. The thrust of the reply on behalf of Union of India is, that under Promotion Regulation 9, it is the State Government which makes the recommendation for appointment of an officer whose name appears in the select list and since the State Government limited the recommendation only in respect of the officers up to Shri P.C. Balai, placed at Sl. No. 19, no further appointments in the absence of recommendation of the State Government could be made. As regards Shri J.P. Chandelia, it is pointed out that a select list officer becomes "deemed provisional" in the select list in view of the first Proviso to Regulation 7(3) of the Promotion Regulations. It is further asserted that in terms of the Regulation 7(4) of the Promotion Regulations, the 1992-93 select list ceased to be operative on coming into force of the 1993-94 select list and consequently, the applicants could not be appointed on the basis of the list which became inoperative or had lapsed. The allegations with regard to the YOA and clubbing of the vacancies have been denied and it is maintained that the select list of the year 1993 was prepared strictly in accordance with the provisions of Promotion Regulations and the allotment of year has been made in the light of the provisions of Rule 3 of the Seniority Rules.