S A ENGINEER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant who belongs to State Civil Service of the State of Maharashtra, it appears, could not get complete relief from the Central Administrative Tribunal (for short 'the Tribunal'), (New Bombay Bench), New Bombay for his claim to be promoted to the Indian Administrative Service under the Indian Administrative Service (Appointment by Promotion) Regulation, 1955 (for short 'the Regulations') from the year 1986. Instead the Tribunal granted him relief to be promoted to Indian Administrative Service under the aforesaid Regulation for the year 1987.

(2.) SELECTION Committee for Maharashtra constituted under Regulation 3 of the Regulations met on 13/12/1984 and prepared a Select List under Regulation 5 for filling up of 8 vacancies during the period of 12 months from the date of the meeting. The name of the appellant was included at Serial No. 11 of the Select List. The Select List so prepared is to be forwarded to the Union Public Service Commission (for short 'Commission') by the State Government which finally approves the Select List. Under Regulation 9(1) appointment of members of the State Civil Service to the Indian Administrative Service shall be made by the Central Government on the recommendation of the State Government in the order in which the names of members of the State Civil Service appear in the Select List for the time being in force. The Commission approved the select list. The State Government, however, did not operate the Select List and sent no proposal to the Central Government and as such no appointment was made from the Select List so prepared to the Indian Administrative Service.

(3.) SINCE the name of the appellant was not forwarded to the Central Government he approached the Tribunal and by a judgment dated 15/02/1990 the Tribunal directed the State Government to appoint him to the Indian Administrative Service on the basis of 1987 Select List.