CHHAYA BHATNAGAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions involve common question of fact and law and are directed against order of the ld.Central Administrative Tribunal dt.04.04.2013, were taken up for hearing together and are being disposed of by this common judgment.

(2.) THIS court can take a judicial notice that perpetual rivalry for seniority and promotion are two salient conditions of service which the officer during the time of his induction remains with the pragmatic view that he will get his promotion and consequential seniority in terms of the service Rules regulating his service conditions but the fact is that these two are on going disputes in service jurisprudence and despite the provisions of the scheme of Rules/Regulations being interpreted by the Hon'ble Apex Court and the High Courts from time to time, still such disputes could not be settled since long.

(3.) IN the instant writ petitions, multiple grievances have been raised by the group of officers for our consideration but primarily the question for consideration is that whether in terms of R.8(1) of the Indian Administrative Service (Recruitment) Rules, 1954, the Officer is to be a substantive member of State Civil Service on the date of meeting of the selection committee or on first day of January of the year of substantive vacancy against which candidature of the officer has to be considered for appointment by promotion to IAS under Rules, 1954 read with the Indian Administrative Service (Appointment by Promotion) Regulations, 1955.