K DHARMARAJAN IAS Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS reference has been made in pursuance of the difference of opinion expressed by the Hon'ble Members of the Division Bench in their order dated 8.7.2002.

(2.) I have heard Mr. Jayant Dass, learned senior Counsel for the applicant and Mr. K.R. Sachdeva, learned Counsel for the respondents. Learned Counsel for the respondents has submitted a folder showing the Assessment Chart of 1966 batch of IAS Officers, for the original empanelment for Secretary (Extracts of File No. 1121/86-CSA) and a tabular chart of the Annual Confidential Reports (ACRs) of the concerned 17 officers mentioned in the O.A. and that of the applicant, in pursuance of the previous order dated 17.3.2003, copy placed on record. He has also submitted the ACR folders of the aforesaid 17 officers which are also referred to the opinion of Hon'ble Shri S.A.T. Rizvi, Member (A) dated 8.7.2002. These records as well as the pleadings and the submissions of the learned Counsel for the parties have been carefully considered.

(3.) I generally agree with the above views expressed by Hon'ble Member (A). The prayers of the applicant for a direction to the respondents to reconsider his case for empanelment of the 1966 batch of IAS Officers (with particular reference to the names given in the petition as also his juniors), who have been empanelled for the post of Secretary to the Government of India with consequential benefits, can be considered independently of his other prayer to declare Para 14 of the Central Staffing Scheme (CSS) as ultra vires of the Constitution of India.