JUDGMENT

Sen, J.-Special leave granted.

2. Shri S.S. Uppal was appointed as Development Officer under the Commerce and Industry Department of State of Madhya Pradesh. Thereafter, he was promoted to the post of Joint Director of Industries on 2nd July, 1982. In August, 1988 he was considered suitable for absorption in Indian Administrative Service carde against the quote of non-State Civil Service Officer under Rule 8(2) of the Indian Administration Service (Recruitment) Rules, 1954. A panel of four suitable officers was prepared after taking into accounts the vacancies which were due to arise on 1st October, 1988 (two vacancies), on 1st December, 1988 (third vacant) and on 1st February, 1989 (fourth vacancy). Uppal was placed at S.N. 4 in the panel and, therefore, was not considered for filling up the vacanies that arose on 1st October, 1988 and on 1st December, 1988. He could only be considered for appointment to the vacancy which arose on 1st February, 1989. This vacancy, however, was not filled up immediately. It was only on 15th February, 1989 that S.S.Uppal was appointed to the Indian Administrative Service. In the meantime, on 3rd February, 1989 the provisions of Indian Admin