PARVEEN KUMAR Vs. UNION PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) This petition filed under Article 226 of the Constitution challenges combined eligibility list of the State Civil Services Officers, dated 7th August, 2008 (P-4), notification dated 13th August, 2009. issued by the Government of India. Ministry of Personnel. Public Grievances and Pensions, (Department of Personnel & Training), making appointments of the members of the State Civil Service of Punjab to the Indian Administrative Service (IAS) for the Select List years 2007 and 2008 (P-14) as also order dated 4th September, 2009 (P-13). passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity,' the Tribunal'). A further prayer has been made for directing the respondent State of Punjab to include the name of the petitioner in the list of eligible candidates for filling up the vacancies in the Indian Administrative Service arising in the year 2006 as also to direct the Union Public Service Commission (for brevity. 'UPSC') to consider his name for promotion to IAS.

(2.) Brief facts of the case are that the date of birth of the petitioner is 17th February, 1952. On 23rd April, 1986, he was inducted in the Punjab Civil Service (Executive Branch). He attained the age of 55 years on 17th February. 2007 and his date of superannuation is 28th February, 2010. In the Gradation and Distribution list of PCS (Executive Branch) as it stood on 1st January. 2008. the name of the petitioner figures at Sr. No. 12 (P-1).

(3.) It is pertinent to mention that selection promotion from the Punjab Civil Service (Executive Branch) to the IAS is governed and regulated by the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 (for brevity, 'the Regulations') [P-2], Regulation 3 provides for constitution of the Committee to make selection; Regulation 5 deal with preparation of a list of suitable officers; Regulation 6 talks about consultation with the Commission, whereas Regulation 7 deals with the Select List. These provisions would be discussed later in detail in the subsequent paras of this order.