ASHWINI KUMAR RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) Present Writ Petition has been filed by the petitioner Ashwini Kumar Rai challenging the order dated 29th July, 1999 of the Central Administrative Tribunal (hereinafter referred to as CAT), Principal Bench, New Delhi passed in O.A. No.564 of 1994 titled 'Ashwini Kumar Rai Vs. Union of India' whereby prayer of the present petitioner for allocation of Madhya Pradesh Cadre to him was declined.

(2.) In brief, the facts of the present writ petition are that Shri Ashwini Kumar Rai, was appointed to the Indian Administrative Service (hereinafter referred to as IAS) when he successfully appeared in the Civil Services Examination, 1989. He ranked 52 in the All India Merit List and was appointed in the 1990 batch of IAS. The respondent No.2 Ms. Sarda Muraleedharan, who belonged to Kerala State ranked 51 in the said merit list. There were 9 vacancies in the State of Bihar, out of these 3 were earmarked for insider in order to maintain 1:2 ratio of insider and outsider. The petitioner who hailed from Bihar could not be allocated to the State cadre of Bihar because he did not figure in the top 3 positions in the insider cadre for Bihar and was accordingly placed in the outsider cadre. Following the roster system as per Rule 5 of the Indian Administrative Service (Cadre Rules, 1954), the petitioner was to be allocated to the State cadre of Madhya Pradesh as an outsider but he was allocated the State cadre of Kerala.

(3.) In the 1990 batch 4 vacancies were available in the State of Kerala out of which one was earmarked for insider. The respondent No.2, who hailed from Kerala, having secured 51 rank was not entitled to be allocated the State cadre of Kerala as insider as per the principle of Roster system in view of insider candidate holding a higher rank than her.