K L JAIN DEPUTY SECRETARY TO GOVERNMENT OF M P TRIBAL AND HARIJAN WELFARE DEPT BHOPAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Shri K. L. Jain is a substantive member of the Madhya Pradesh Cadre of the Indian Administrative Service (IAS ). Before his appointment to the I A. S. he was a substantive member of the State Civil Service (Executive ). By State Government's letter dated 3rd February 1979 the petitioner was informed that he was assigned 1972 as the year of allotment by the Central Government. By this petition under article 226 of the Constitution, the petitioner contends that he ought to have been assigned 1971 as the year of allotment in place of 1972.

(2.) THE facts briefly stated are that the Selection Committee constituted under the Indian Administrative Service (Appointment by Promotion)Regulation, 1955 met in December 1974 for preparation of a list of such members of the State Civil Service as were suitable for promotion to the i. A. S. The petitioner's name was included in this list. The list was approved by the Union Public Service Commission on 16th May 1975 and became the Select List. The petitioner was appointed Collector which is a senior post by order dated 7th November 1975. The petitioner took over charge as Collector on 10th November 1975. Another Select List was prepared in January 1976. In this also the petitioner's name was included. By the Central Government's order dated 7th December 1976 the petitioner was appointed to the I. A. S. by the Government of India. We have already stated that the petitioner was assigned 1972 as the year of allotment.

(3.) THE assignment of year of allotment is governed by Rule 3 of the indian Administrative Service (Regulation of Seniority) Rules, 1954. The relevant clause of this rule which is applicable to the petitioner in clause (3) (b) which reads as follows :