R.C. GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is aggrieved by the order of the learned Single Judge dated 31.12.2009 passed in OWP No. 772/2000.

(2.) The appellant entered the government service in non-gazetted cadre in the year 1956. He was promoted as Under Secretary in 1983. In 1986 he was promoted as Deputy Secretary on proforma basis and was posted in the General Administration Department. He claims to have held additional assignments as Registrar of Competent Authority of Entrance Examinations of Jammu and Kashmir. Secretary of Jammu and Kashmir Backward Classes Commission, Secretary to Puri Commission for MBBS (Female) Reservation, and that he retired on 30.04.1996. The appellant also claims that in the Annual Confidential Reports, in particular from the year 1985-86 onwards, his performance was rated as Out Standing/Exemplary in respect of his ability, merit as well as honesty and integrity. He is stated to have submitted representations in the year 1993-94 for his induction into Indian Administrative Services from Non-State Civil Service i.e. non-KAS cadre by relying upon Rule 4 (1) (c) of the Rules framed under the Indian Administrative Service Rules 1956. Since there was no response to his representations, the appellant preferred a writ petition in the year 1995 in WP No. 229/1995 for a direction to the State Government to discharge the statutory and constitutional obligation enjoined under Rule 4 (1) (c) and Rule 8 (2) of the Indian Administrative Service Rules read along with Regulation 3 of the Indian Administrative Service Regulations, 1956.

(3.) At the time when the said writ petition was moved for admission on 27.03.1995 it was contended that the Review Committee for induction into Indian Administrative Service was meeting on that date and, therefore, the State Government should be directed to place the credentials and service record of the appellant before the said Committee for consideration. By interim order dated 27.03.1995 a direction was issued to that effect. Nevertheless it was stated that the said direction was not complied with. On the next date i.e. on 28.03.1995 another interim order was passed to the effect that if the Review Committee Meeting was continued on 28.03.1995 also, the direction contained in the order dated 27.03.1995 should be complied with.