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1985 Supreme(SC) 374

A.P.SEN, D.P.MADAN
Union Of India – Appellant
Versus
G. N. Tiwari: K. L. Jain – Respondent


Advocates:
BINA GUPTA, C.L.SAHU, K.K.MANGLAM, K.K.VENUGOPAL, R.N.Poddar, V.A.BOBDE, V.C.MAHAJAN

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

































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