IMPORTANT POINT
In the facts a circumstances of the case it cannot he said that seniority of respondent-1 will have to he dicided in accordance with seniiority rules which were in force befor the amendments were made on 3rd Feb. 1989.

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 Administrative Service (Regulation of Seniority) Rules, 1987 were amended.

3. S.S. Uppal, the respondent No.1 herein, made an application before the Central Administrative Tribunal. Jabalpur, claiming that Rule 2 of the Amendment Rules of 1989 was ultra vires and was hit by Articles 14 and 16 of the Constitution of Indian. He further contended that in any event he was due for appointment to the vacancy on 1st February, 1989. Therefore, his seniority must be as of the date of vacancy on 1st February, 1989 and in daccordance with the rules in force on that date. The delayed appointment could not, in any way, take away the right that had accrued to him on 1st February, 1989, the date on which the vacancy arose.

4. It may be mentioned that the first three persons in the panel. B.N. Singh, M.A. Khan and V.K. Dalela were appointed by promotion to IAS on 25.10.1988. 25.10.1988 and 16.12.1988 respectively. Their seniority was determined in accordance with the I.A.S. (Regulation of Seniority) Rules, 1987. The petitioner occupied the fourth position in panel which was prepared in August, 1988. Since his appointment to the service was made on 15.2.1989, his seniority was determined under the amended rules of 1989. He made a representation on 20th January, 1990 by presenting a memorial to the President of India,which was rejected by an order dated 4th February, 1994. The petitioner considered that his memorial                     dated 20th June, 1990 was wrongly rejected and he challenged the validity of the amdendment rules of 1989 and fixation of his seniority before the Central Administrative Tribunal.

5. The Tribunal was of the view that the question of vires of the amended rules need not be gone into in the facts of this case, because the question of determination of seniority in a case like this case concluded by the judgment of this Court in the case of Y.V. Rangaiah v. J. Sreenivasa Rao1, wherein it was held that the vacancy in the promotional posts occuring prior to the amendment had to be filled up in accordance with unamended rules. The Tribunal further held that in an earlier case the Tribunal had laid down the principle that in the case of an IAS officer, seniority was to be determined in accordance with the rules prevalent on the date promotion became due and not the rules which came into force on the dat of actual appointment. Applying this principle, the Tribunal concluded that "we are of the firm opinion that since the panel drawn in August, 1988 was in regard to the vacancies upto 1.2.1989 and the applicant was actually appointed on 15.2.1989 in the vacancy occurred on 1.2.1989, the rules applicable on 1.2.1989 shall be applicable to him i.e. seniority of the applicant, namely, Shri S.S. Uppal, shall be determined in accordance with Indian Admin