UOI Vs. SUSHMA JAIN

JUDGEMENT

(1.) Rule DB was issued in the writ petition on 19th February, 2003. With the consent of the learned counsel for the parties, the writ petition is taken up for final hearing.

(2.) This writ petition challenges the judgment dated 25th April, 2001 of the Central Administrative Tribunal (in short 'CAT') in OA No. 1381/2000 by which the writ petition preferred by the petitioner was allowed and the petitioner's action in not according her consideration to the post Addl. Secretary in the Ministry of Law was struck down. Being aggrieved by the action of the respondents of not considering the respondent for the appointment to the post of Additional Secretary in the Ministry of Law, an OA was filed by the respondent before the CAT. The main plea of the respondent is that she was a Member of Indian Legal Services and she should have been considered for the above post. The petitioner Union of India's case is that since the respondent herein was merely a deputationist, she did not have any right to be considered as a Member of the Indian Legal Services. This plea of the petitioner was negated by the CAT in the impugned judgment by relying on the interpretation of the relevant Rules.

(3.) The Indian Legal Services Rules, 1957 has the following relevant statutory provisions:-