SUKHDEV SINGH SIDHU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) After hearing arguments and going through the pleadings of the respective parties, we are of the view that important law points and interpretation of the rules regarding Indian Administrative Service (Recruitment) Rules, 1954 and Indian Administrative Service (Appointment) by Selection Regulations, 1956 are involved in this case which require hearing at length by a larger Bench. As these matters are likely to arise again and again in the near future, we admit this case to Full Bench for authoritative judgment.

(2.) The operation of the impugned orders, passed by the Central Administrative Tribunal (Chandigarh Bench), dated November 12, 1999 (Annexure P.1) and December 23, 1999 (Annexure P.7) are hereby stayed. Resultantly, the cases of the persons, who hold in substantive capacity gazetted posts in connection with the affairs of the State of Punjab and who are not members of the State Civil Service (i.e. non-PCS) may be considered for selection and appointment to the Indian Administrative service. However, any such selection/appointment would abide the final order that may be passed in the writ petition. This may be clearly mentioned in any such order which may be issued.

(3.) The Hon'ble Chief Justice is requested to constitute a Full Bench at an early date.