UOI Vs. ABHISHEKH DIXIT

JUDGEMENT

(1.) THE above captioned writ petition challenges the order dated January 03, 2008 passed by the Central Administrative Tribunal allowing OA No.1920/2007 by quashing the order dated June 04, 2007 issued by the Director, SVP, National Police Academy to the extent it concerned the respondent and directed the Ministry of Home Affairs (MHA) to consider the allocation of cadre to the respondent in accordance with the principles laid down in the letter dated May 31, 1985 and to pass a detailed speaking order regarding the same.

(2.) BEFORE delving into the factual matrix, we note the policy pertaining to allocation of state cadres to the candidates who successfully clear the Civil Services Examination (CSE). We highlight that we would be concerned with the situation existing prior to April 10, 2008 for the reason on April 10, 2008 a new Cadre Allocation Policy has come into force and in the writ petition we are concerned with the cadre allocation pertaining to CSE -2005.

(3.) THE policy aforenoted contained in the letter dated May 31, 1985 was held capable of being applied for cadre allocation by the Supreme Court in the decision reported as (1994) 6 SCC 38 Union of India v. Rajiv Yadav IAS. The Supreme Court held : -