ASHISH MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The two petitioners herein are working as Assistants in the Ministry of Finance and Ministry of Commerce and Industry, respectively. The post which they are holding is a part of Central Secretariat Service (CSS) of the Government of India. Department of Personnel and Training (hereinafter referred to as DOP&T, for short), is the modal department for this Service. The next post in the line of promotion to which the petitioners are entitled to be considered as per the extent Recruitment Rules is that of Section Officer. The mode of recruitment /promotion to this post as per Central Secretariat Service Rules, 1962 is as under :-

(2.) The posts of Section Officer are spread over in an the Departments/Ministries of the Government of India which are participating in the CSS. DOP&T manager the services and after collecting vacancy position from various Ministries/Departments it requests UPSC to fill the post and for that purpose UPSC holds examinations under direct recruitment quota as well as TDCE.

(3.) In the year 1997, UPSC conducted LDCE examination and 46 candidates were recommended for appointment to the post of Section Officer on the basis of the aforesaid examination the result of which was declared in December, 1998. It may be mentioned here that the result of the LDCE 1996 was delayed considerably and was declared only in august, 1998. Therefore, many candidates who appeared in LDCE, 1996 examination also appeared in 1997 examination as by that time the result of 1996 examination were not declared. As a consequence thereof some of the candidates who appeared in 1996 examination and were recommended for appointment also found place in the panel recommended for appointment on the basis of 1997 examination.