LAWS(KAR)-2010-12-166

UNION OF INDIA (UOI), REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING AND OTHERS ETC. ETC. Vs. DR. P. BOREGOWDA AND OTHERS ETC. ETC.

Decided On December 24, 2010
Union Of India (Uoi), Represented By Its Secretary, Department Of Personnel And Training And Others Etc. Etc. Appellant
V/S
Dr. P. Boregowda And Others Etc. Etc. Respondents

JUDGEMENT

(1.) THESE writ petitions arise out of and are filed against the order passed by the Central Administrative Tribunal, Bangalore Bench (hereinafter called the Tribunal) feeling aggrieved by the order dated 8 -12 -2009 in o.A. Nos. 262/2007. 416/2007, 447/2007 and 88/208 wherein the Tribunal has allowed the applications by holding that Rule 5(3) of the Indian Administrative Services (Appointment by promotion) Regulation, 1995 (hereinafter called the 'Promotion Regulation') insofar as it prohibits the committee from considering the case of the members of the State Civil Service who have attained the age of 54 years on the first day of January of the year in the select list to be prepared, as arbitrary and quashed Rule 5(3) of the said Promotion Regulation and directed the applicant in o.A. No. 262/2007 to be included in the consideration zone for promotion to IAS against the vacancies available on 1 -1 -2007.

(2.) W .P. Nos. 1803 -06/2010 is filed by the Union of India - Respondent in o.A. Nos. 262/2007, 416/2007, 447/2007 and 88/2008 seeking for quashing of the order passed by the Tribunal in the said application.

(3.) W .P. Nos. 38709 -710/2010 and 970 -975/2010 are filed by Respondent No. 13 to 16 in O.A. No. 262/2007 and the persons who are not parties before the Tribunal for quashing of the order passed by the Tribunal dated 30 -11 -2010.