V. SHASHANK SHEKHAR Vs. UNION OF INDIA,

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed the judgment and order of the Central Administrative Tribunal whereby the tribunal has dismissed the Original application preferred by the applicant-petitioner herein for his allocation to his home State-Rajasthan.

(2.) The facts of the case are that the petitioner had qualified in the Civil Services Examination, 1995, appointed to IAS a member of 1996 Batch and allocated to Nagaland Cadre of IAS vide Notification dt. 18.11.1996 (Annex.A-4). He had obtained the rank of 17 in the said Examination. His declared home State is Rajasthan and he had opted for, allocation to his home cadre. One Sh. Ajitabh Sharma, respondent no. 3, who belongs to OBC category also qualified the same examination, secured 18th rank and expressed his willingness to be considered for allocation to his home State of Rajasthan and was allocated Rajasthan Cadre. The petitioner represented (Annex.A-5), inter alia, challenging his allocation to Nagaland Cadre which was replied to (Annex. A-6), detailing as to how the petitioner has been correctly allocated Nagaland Cadre as an outsider.

(3.) Counsel for the petitioner has contended that petitioner has been wrongly deprived home State against respondent no.3. in specific breach of guidelines issued by the Central Government, Ministry of Personnel and Training, Administrative Reforms and Public Grievances and Pension vide D.O. No. 13012/5/84-AIS(I) dated 30/31 May, 1985 wherein under Broad principles of allocation on the basis of roster system, condition 4 and 4 (vii) provides as under:-