SUKHPREET SINGH SIDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) The case was taken up for hearing through video conferencing. Presence of Ms. Alka Chatrath, Advocate appearing on behalf of respondent No.2/UPSC could not be recorded in the previous order dated 14.10.2020 due to some oversight. This Court has acknowledged her presence for respondent No.2/UPSC throughout the proceedings of the case.

(2.) Petitioners have preferred this writ petition for the issuance of appropriate writ, order or direction especially in the nature of mandamus, directing respondents No.1 to 4 to place on record the Select Lists for the years 2018 and 2019 prepared for promotion of the members of Punjab Civil Services (Executive Branch) to Indian Administrative Service (Punjab Cadre) and also for quashing of the Select List to the extent that the names of respondents No.5 to 24 have been recommended by respondent No.4 for promotion despite the fact that respondents No.5 to 24 are ineligible for promotion to IAS Cadre for want of substantive appointment/service against Punjab Civil Service (Executive Branch) posts as required under the provisions of the Indian Administrative Service (Recruitment) Rules, 1954 and the Indian Administrative Service (Appointment by Promotion) Regulations, 1955. Petitioners have also prayed for declaring the services rendered by respondents No.5 to 24 in Punjab Civil Services (Executive Branch) from their initial appointment to be non est for the purpose of promotion to IAS Cadre in view of the fact that their appointments were not against substantive vacant posts as they had been appointed in excess of total vacant posts as advertised in the year 1998 and they are beyond the cadre strength.

(3.) Notice of motion was issued on 25.09.2020 by passing the following order:-