T. R. BALAKRISHNAN NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant, who was a Deputy Collector, was an aspirant for being selected and appointed to the Indian Administrative Service (I. A. S.) cadre, under the provisions of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955, hereinafter referred to as the Regulations. He is a graduate in law. He was a full member of the Kerala State Civil Service (Executive) and was having to his credit about 30 years' service.

(2.) He was not included in the select list for appointment to the I.A.S. cadre in the year 1983 as he was not having, as on the first day of January of that year, not less than 8 years of continuous service in the post of Deputy Collector or in any other post or posts declared equivalent thereto by the State Government, which is a required qualification prescribed for being considered in terms of the second proviso to Regulation.5(2) of the Regulations. In 1984 he was not found eligible for inclusion in the select list though he had by then completed not less than 8 years' continuous service in the post of Deputy Collector as on the first day of January of that year he was found to have crossed the age limit of 54 years, his having completed 54 years on 25-12-1983. Regulation.5(3) provides:

(3.) The petitioner had submitted a representation dated 31-8-1984, a true copy of which is Ext. P1, to the first respondent (Secretary, Department of Personnel and Administrative Reforms), requesting to relax the requirement of Regulation.5(3), insofar as he was concerned. Not having received any reply to Ext P1 representation, he filed O. P. No. 8436 of 1984-L praying inter alia that Regulation.5(3) of the Regulation be declared void and in-operative and for the issue of a writ of mandamus directing the first respondent to dispose of Ext. P1 representation within a reasonable time that might be fixed by this Court. A learned Judge by judgment dated 12-10-1984 dismissed the writ petition saying that the power of Government to allow relaxation in the matter of requisite qualifications was subject to the restraints and limitations as indicated by the Full Bench decision of this Court reported in Sreedharan Pillai v. State of Kerala ( 1973 KLT 151 ) and that the declaration of the Regulations as void would not help the appellant petitioner, as, if the Regulations then in force were to be struck down as invalid, the old Regulation, which was more disadvantageous to the petitioner, would revive.