M P BANSAL IAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE most point which falls for consideration and determination in the present two Original Applications is with regard to the fixation of seniority and the year of allotment of the State Civil Service Officers (for short 'Promotees') promoted and appointed to Indian Administrative Service. THE whole controversy centres round the true interpretation and import of the provisions of Rule 3 (3)(ii) of the Indian Administrative Service (Regulation of Seniority) Rules, 1987, as amended on 31st December, 1997, (for short "Regulation of Seniority Rules") which read as follows:--

(2.) The concept of All India Services finds roots in Article 312 of the Constitution of India. Indian Administrative Service (for short 'IAS'), is one of the branches of AH India Services. Practically, every aspect from creation of the cadre, fixation of strength of the cadre, filling up of the vacancies in the cadre, selection, promotion and seniority of the members of the IAS are specifically governed by the various provisions of the Rules and Regulations made under the All India Services Act, 1951. The Rules and Regulations under the Act were brought into existence for the purpose of making the recruitment and prescribing the conditions of service of members belonging to IAS. In pursuance of Section 3(1) of the Act, the Central Government has framed various Rules and Regulations including IAS (Recruitment) Rules, 1954, IAS (Cadre) Rules, 1954; IAS (Appointment by Promotion) Regulations, 1955, IAS (Fixation of Cadre Strength) Regulations, 1955 and IAS (Regulation of Seniority) Rules, 1987. The various other Rules and Regulations which are not germane to the controversy in hand need not be recounted. Under Rule 3 of the Cadre Rules an IAS cadre is created for each State or a group of State in the Indian Union. Rule 4 of the said rules provides that the Central Government, in consultation with the State Governments, shall determine the strength and composition of the cadres, constituted under Rule 3 by framing the regulations in that behalf. All the IAS Officers are borne on the State/Joint Cadre. The candidates directly recruited to IAS are required to be allocated to various cadres in accordance with the principles of cadre allocation formulated by the Government in pursuance of the Cadre Rules. There is another set of Regulations known as IAS (Fixation of Cadre Strength) Regulations, 1955. Fixation of Cadre Strength is subject to periodical review. Earlier, it was to be done on triennial basis but now this exercises is undertaken after every 5 years. Under Rule 8(1) of the IAS (Recruitment) Rules, 1954 and a provision is made for recruitment to the IAS by the Central Government by promotion of substantive members of the State Civil Service. The number of posts so permitted to be filled from the State Civil Services is regulated under Rule 9 of the said rules, which has fixed a quota of not exceeding 33-1/3% of the number of posts as are shown against item Nos. 1 & 2 of the cadre in relation to the State concerned as fixed in the Fixation of Cadre Strength Regulations, 1955.

(3.) AGGRIEVED Shri Lakhan Pal approached the Hon'ble High Court of Punjab and Haryana by filing a Civil Writ Petition No. 14526 of 1998 which was allowed by a Division Bench of the Court by orders dated 23.11.1998. During the pendency of the Writ Petition Shri Lakhanpal retired on 30th September, 1998. The Hon'ble High Court allowed the writ petition by making the following observation :