TH SEHDEV SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a petition under section 103 of the Constitution of Jammu and Kashmir and Article 32 2 -A of the Constitution of India as applied to the State, for issue of a writ of Certiorari quashing Government Order No. 163 -C of 1963 dated July 11,1963, and a writ of Mandamus or other appropriate writ or order directing the respondent to declare the petitioner appointed in the senior scale of the Indian Administrative Service cadre with effect from September 4, 1958, and entitled to draw his pay, pension and gratuity according to that scale along with increments and other allowances admissible under rules as also interest thereon at the rate of 12% per annum.

(2.) FOR a proper appreciation of the matter in controversy, I consider it necessary to give at the very outset a brief out -line of the various Rules on which the petition is based.

(3.) IN September 1954, the Central Government in exercise of the powers conferred on it under Section 3 1 of the All India Services Act, 1951, No. LXI of 1951 inter -alia framed the Indian Administration services cadre Rules, 1954. The Indian Administrative Service Recruitment Rules, 1954 and the Indian Administrative Service Pay Rules, 1954. These rules were amended from time to time.