Judgment

MUKHERJEA, J. :- Twentysix officers belonging to the Senior Scale of the State Civil Service of the State of Jammu & Kashmir have made this petition challenging, in substance, (a) the promotion of respondents Nos. 8 to 32 to the State cadre of the Indian Administrative Service; (b) the promotion of respondent No. 33 to the State cadre of the All India Services; (c) appointment of respondents Nos. 34 to 37 to the State cadre of the Indian Administrative Service in officiating capacity; and (d) the appointment of respondents Nos. 38 to 41 to a special grade of Rs. 900-1800. The material facts are in a short compass and may be briefly stated as follows.

2. Some time in 1965 the State of Jammu & Kashmir reorganised the State Civil Service and framed certain rules to govern that Service. The rules are called Jammu & Kashmir Administrative Service Rules, 1965. Under these rules Jammu & Kashmir Administrative Service was set up consisting of officers classified in three grades: (i) Selection Grade (ii) Senior Scale and (iii) Junior Scale. By a Notification, being SRO No. 189 of 3 June 1965, the State Government published a list of the officers who were selected for the Senior and Junior Scales at the time of the initial constitution of the Jammu & Kashmir Administrative Service on 1 June 1965. By a notification dated 19 October 1968 the Government of India promoted under clause 9 of the Indian Administrative Service (Appointment by Promotion) Regulation, 1955, 25 State Civil officers in the Senior Scale of Jammu & Kashmir to the Indian Administrative Service cadre of Jammu & Kashmir. Consequent upon these 25 appointments by the Government of India and, immediately thereafter, on 28 October 1968 the Government of Jammu & Kashmir passed an order, being Order No. 74-GR of 1968 by which, that Government made, among other things, certain "postings, adjustments and transfers" with regard to the 25 officers concerned. The said Order of 28 October 1968 also gave sanction to the officiating appointment of four select list officers to the senior scale of the Indian Administrative Service against certain ex-cadre posts indicated against their names. Apart from this, four ex-cadre posts were declared as equivalent in status and responsibilities to certain other cadre posts shown against each of them respectively. Sanction was also given to the creation of four posts in the scale of Rupees 900-50-1000-60-1600-50-1800 with effect from 19 October 1968 and four select list officers were appointed to those posts.

3. The petitioners have challenged all the promotions and appointments made by the Order of 28 October 1968 on various grounds. To understand the complaints of the petitioners it is necessary to refer to some of the provisions of the Indian Administrative Service (Appointment by Promotion) Regulation, 1955 which we shall hereinafter refer to briefly as "the Regulation".

4. Under the Regulation a Committee is usually set up for each of the State to select officers of the State Civil Service for appointment to the corresponding State cadre of the Indian Administrative Service. The committee consists of the Chairman of the Union Public Service Commission or, where the Chairman is unable to attend, any Member of the Union Public Service Commission representing it and certain other members indicated in the Schedule to the Regulation (Regulation 3 (1)). So far as the State of Jammu & Kashmir is concerned the other members are the Chief Secretary to the Government of Jammu & Kashmir, two other officers of the Indian Administrative Service holding posts either in the super time-scale or posts generally recognised in other States as super time-scale posts and a nominee of the Government of India not below the rank of a Joint Secretary (Schedule to the Regulation). This committee has to meet at intervals ordinarily not exceeding one year and consider the cases of all substantive members of the State Civil Service who on the first day of January o