UNION OF INDIA Vs. SOHRAB ALI (MD.)

JUDGEMENT

(1.) Heard Mr. R.K.D Choudhury, learned Deputy Solicitor General of India for the petitioner. Also heard Mr. M. Khan, learned counsel appearing for the respondent Nos.1 to 4.

(2.) This writ petition is filed under Article 226 of the Constitution of India assailing the judgment and order dtd. 19/12/2014 passed by the Central Administrative Tribunal, Guwahati Bench, (hereinafter to be referred as "Tribunal") in Original Application Nos. 124/12, 199/2013, 310/2013, 344/2013, 345/2013, 346/2013, 347/2013, 348/2013, 040/000027/2014, and 040/000092/2014, whereby the respondent authorities (writ petitioner herein) were directed to assign the correct seniority to the private respondents herein.

(3.) The brief facts of the present case are that the private respondents were initially recruited as Junior Grade to the Assam Civil Service (Class-I) on 1/6/1983 and as such, they were eligible for promotion to the cadre of IAS. However, the Government of India, by communications dtd. 21/6/2007 and 3/6/2008, has determined 8 vacancies for the year 2007 and 7 vacancies for the year 2008 for promotion to the Assam segment of the IAS, AssamMeghalaya Joint Cadre from amongst the members of the State Civil Service. In fact, no select list was prepared in the year 2007. Thereafter, the Government of Assam, by communication dt. 8/8/2008, recommended and submitted a proposal for preparation of Select List to the respondent No.2 (before the Tribunal), i.e. UPSC, for preparation of select list for the year 2007-2008 and the name of the private respondents were forwarded for consideration against the vacancies for the year 2008.