SHILPA D. Vs. UNION OF INDIA

JUDGEMENT

(1.) Present O.P(CAT) is directed against the judgment of the Central Administrative Tribunal dtd. 12/10/2023 rejecting O.A.No.139 of 2020 wherein the following reliefs were claimed:

(2.) Succinctly, the facts in brief for adjudication of the controversy are enumerated herein below: Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, vide Office Memorandum dtd. 10/4/2008, came out with a Cadre Allocation Policy for All India Services - IAS/IPS/IFS (hereinafter called 'CAP -2008'). As per the aforementioned Office Memorandum, the State Governments were required to indicate the total number of vacancies to be filled through a particular Civil Services Examination by 31st December of every year, prior to the year of examination. In respect of services under them, the respective Cadre Controlling Authorities, namely, the Department of Personnel and Training (DOPT)/Ministry of Home Affairs (MHA)/Ministry of Environment and Forests (MoEF) shall determine the vacancies including the break-up into Unreserved (UR)/Scheduled Caste (SC)/Scheduled Tribe (ST)/Other Backward Classes (OBC)/ Insider/Outsider vacancies, for each of the cadres as per the established procedure, keeping in view, the number of districts in the State, the cadre gap in the cadre, the requisitions received from the State Government and the position of roster in the Cadre. The vacancies so determined would be communicated to the State Governments and published on the respective Ministry's website.

(3.) Paragraph No.2 of the aforementioned policy envisaged that a 200-point running vacancy-basedroster showing SC/ST/OBC/UR points shall be maintained for each Cadre properly and would be used for determining the vacancies of various categories (SC/ST/OBC/UR) in each Cadre. The accounting in this roster shall be done on the basis of actual filling of the roster point. This roster for each of the Cadres may be initialized by adjusting the recruitments done since the Civil Service Examination - 1994.