MANOHAR LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) CM APPL. No. 3165/2015 (Exemption) Exemption allowed subject to just exceptions.

(2.) ASSAILING the said order, Mr. Ashwarya Sinha, the learned counsel for the petitioner submits that the learned CAT erred in upholding the validity of OM dated 02.09.2013, which was totally contrary to the Statutory Rules provided under Indian Foreign Service, Branch 'B'(Recruitment, Cadre, Seniority and Promotion) Rules, 1964 (hereinafter referred to as the 'IFSB Rules'). The learned counsel also submits that as per the IFSB Rules, the conduct of the Limited Departmental Competitive Examination is governed by Rule 12 (3) and the said rule commence with the non -obstante clause thereby conferring an over -riding effect on the Rule 12(3) over Rules 12(1) and (2). The learned counsel also submits that the learned CAT did not appreciate the fact that the petitioner was illegally denied the opportunity to appear in a Limited Departmental Competitive Examination (in short 'LDCE'), which was to be conducted by the respondents in terms of the unamended Rule 12(3) of the IFSB Rules. The learned counsel further submits that by the impugned Circular dated 02.09.2013, only one sub cadre of IFS (B), i.e. Section Officer was permitted to appear in the departmental examination while the similarly placed sub -cadre, i.e. Private Secretaries belonging to SC/ST categories were excluded. The learned counsel also submits that provision of lateral entry of the petitioner into Grade -I level is stipulated in the Statutory Rules and Regulations in terms of Rule 12 of IFSB Rules and thus, the statutory right of the petitioner could not be taken away by way of an amendment changing the service condition retrospectively.

(3.) WE have heard the learned counsel for the petitioner at considerable length and given our thoughtful consideration to the arguments advanced by him.