A.P.SEN, D.P.MADAN
Union Of India – Appellant
Versus
G. N. Tiwari: K. L. Jain – Respondent
JUDGMENT
SEN, J.:— After, hearing learned counsel for the parties, we had by our order dated October 11, 1985 dismissed these appeals. We now proceed to give the reasons therefor.
2. These appeals by special leave directed against the judgments and orders of the Madhya Pradesh High Court dated September 9, 1983 and December 16, 1983 raise a question as to whether a member of the State Civil Service (Executive) on his temporary appointment by the State Government under R. 9 of the Indian Administrative Service (Cadre) Rules, 1954 for a period exceeding six months, is entitled to have his continuous period of officiation in a senior post, to be taken into account in reckoning the year of allotment under R. 3(3)(b) of the Indian Administrative Service (Regulation of Seniority) Rules, 1954. That depends on whether prior approval of the Central Government or the Union Public Service Commission to such appointment under sub-r. (2) of R. 9 of the Cadre Rules for the appointment of a non-cadre officer to a cadre post by the State Government is a condition precedent for a valid appointment under R. 9 of the Cadre Rules. Further, the question is whether the existence of a vacancy in the cadre
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.