JUDGMENT

Mrs. Sujata V. Manohar, J.- Leave granted in both the special leave petitions.

Civil Appeal No. 12310/96 (@ SLP (C) No. 13705/95)

2. Respondent No. 1 appeared in the Civil Service Examination conducted by the Union Public Service Commission in the year 1985. He was selected for appointment to the Indian Aministrative Service in the 1986 batch. The home State of respondent No. 1 is Nagaland and he gave his preference for allocation to his home State cadre. There were two seats which were available for allocation to Nagaland. Both these seats were earmarked for outsiders as per the 30 point roster. Hence the first respondent was allocated to the State of Haryana. He challenged this allocation by filing an application before the Chandigarh Bench of the Central Administative Tribunal. The Tribunal has allowed the application and directed the appellant-Union of India to consider the transfer of respondent No. 1 from the Haryana cadre to the Nagaland cadre in the manner set out in the order. The present appeal is from the order of the Tribunal.

3. Under Rule 5 of the Cadre Rules it is provided as follows:-

"5. Allocation of members to various cadres 5(1). The alloc