ASHUTOSH AGARWAL Vs. UOI

JUDGEMENT

(1.) Vide office memorandum dated 16.07.1956, Ministry of External Affairs, Government of India, constituted "Indian Foreign Service Branch B" (hereinafter referred to as the "Service"). The service consisted of two cadres; namely: general cadre and stenographer cadre and a sub-cadre; namely: Cypher sub-cadre. Various provisions were made in the memorandum for recruitment to posts in various grades. In exercise of power conferred upon it by Article 309 of the Constitution of India, Government of India promulgated Indian Foreign Service Branch "B" (Recruitment, Cadre, Seniority and Promotion) Rules, 1964 (hereinafter referred to as the "Rules").

(2.) It may be useful to note the relevant Rules pertaining to recruitment and seniority of the general cadre of the service:- "CHAPTER -I GENERAL

(3.) Composition of the Service - There shall be following Grades in the Indian Foreign Service, Branch 'B', and they shall be classified as follows: Grade Designation Classification Character GENERAL CADRE Grade - I Under Secretaries at Hqrs. And Second Secretaries in Missions or Posts abroad. Group-A (Gazetted) Non-Ministerial Integrated Gr.II & III Attaches and Section Officers at Hqrs, Vice Consuls and Registrars in Missions or Posts abroad. Group-B (Gazetted) Ministerial Grade - IV Assistants at Hqrs. And in Missions or Posts abroad. Group-B (Non-Gazetted) Ministerial Grade-V Upper Divisional Clerks at Hqrs. And in Missions or Posts abroad. Group-C (Non-Gazetted) Ministerial Grade-VI Lower Division Clerks at or Posts abroad. Group-C (Non-Gazetted) Ministerial