SATYA PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) .Interpretation of Rule 3(3)(iii) of the Indian Administrative Service (Regulation of Seniority) Rules, 1987 ( hereinafter for the sake of brevity referred to as, 'the Seniority Rules' ) governing year of allotment of an officer is in question in this writ petition.

(2.) The petitioner herein was selected on 20.02.1991 for appointment to the Indian Administrative Service ( in short, 'IAS' ) in terms of Rule 8(2)of the Indian Administrative Service (Recruitment) Rules, 1954, which reads thus :-

(3.) One Dr. J.N. Dubey, a non SCS Officer of Uttar Pradesh was appointed in terms of the above rules. He was assigned 1983 as his year of allotment. The petitioner was placed in the seniority list below the aforementioned Dr. J.N. Dubey, It is not in dispute that the petitioner in ordinary course could have been entitled to 9 years of weightage having regard to the fact that he had rendered 28 years of gazetted service under the State Government. The year of allotment of the aforementioned Dr. J.N. Dubey was later on revised from 1983 to 1980. The petitioner herein filed a representation in July, 1993 stating that as the year of allotment of Dr. J.N. Dubey was revised from 1983 to 1980, the restriction placed in his case did not exist and his year of allotment should also be revised from 1983 to 1982. The said representation was rejected inter alia on the ground that as Shri Ganga Deen, another non-SCS Officer appointed to IAS before the petitioner, was assigned 1983 as his year of allotment; as the year of allotment had to be restricted with reference to that of Shri Ganga Deen in the changed situation in terms of the first proviso to the Seniority Rules.