1998 (2) TMI 587 - SC - Indian Laws

Summary

Issues Involved:

1. Validity of the Notification dated 15.12.1993 as a Rule or Regulation.
2. Harmonious construction of the Notification and Rule 9 of the Recruitment Rules.
3. Justification of the Notification based on Tribunal directions.
4. Appropriate direction for doing complete justice between the parties.

Summary:

1. Validity of the Notification dated 15.12.1993 as a Rule or Regulation:

The Notification dated 15.12.1993, though issued under Section 3(1) of the All Indian Service Act, 1951, is essentially an amendment to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955. The Notification increased the cadre strength to accommodate 14 State Civil Service officers excluded from the 1987 Select List. Despite being issued under Section 3(1) of the Act, it cannot be considered a Rule but rather an amendment to the Regulation.

2. Harmonious construction of the Notification and Rule 9 of the Recruitment Rules:

The Notification cannot be harmoniously construed with Rule 9 of the Recruitment Rules. Rule 9 prohibits promotion exceeding 33 1/3 per cent of the posts shown in items 1 and 2 of the Cadre. The Notification increasing posts under item 3 without corresponding increase in items 1 and 2 contravenes Rule 9. Therefore, the Notification dated 15.12.1993 violates the Recruitment Rules and the Cadre Strength Regulation.

3. Justification of the Notification based on Tribunal directions:

The argument that the Notification was issued to implement Tribunal directions in favor of the State Civil Service officers is unsustainable. The Tribunal's directions conferred a right of reconsideration, not promotion. The Central Government's act of promoting all officers included in the revised 1987 Select List contravenes the integrated scheme of the Rules and Regulations governing the IAS. Thus, the Notifications dated 15.12.1993 and 16.12.1993 were beyond the competence of the Central Government and rightly struck down by the Tribunal.

4. Appropriate direction for doing complete justice between the parties:

The appointments of the 14 officers promoted under the Notification dated 16.12.1993 stand invalidated. However, their appointments need not be disturbed. Their seniority and year of allotment in IAS should be re-determined. Only the first 13 officers of the revised 1987 Select List will be treated as promoted based on the 1987 Select List, and their year of allotment will be accordingly determined. Officers from serial no. 14 to 40 will continue in IAS, but their seniority and year of allotment will be adjusted in subsequent years based on available vacancies. The seniority of officers promoted on the original 1987 Select List will also be re-determined. The appeals are disposed of with these directions. No order as to costs.