Judgment

K. RAMASWAMY, J.

(1) SPECIAL leave granted.

(2) AS the trio raised common questions of law, they are disposed of by a common judgment.

(3) THE first petitioner in the writ petition is an Association representing the officers of the State Civil Service of U.P. and petitioners 2 to 17 are its members. Some of them and Bihar State Officers are the appellants in the two appeals respectively. On 19/01/1984, the association represented to the government of India requesting to remove wide disparity prevailing in different States of promotional avenues from the State Civil Services to All India Administrative Service. The officers from Andhra Pradesh and Kerala, on completion of 8 to 9 years of service are becoming qualified for promotion to All India Administrative Service, while the officers from States like Uttar Pradesh and Bihar would get chance only after putting 24 to 27 years of service. The Estimates Committee of Seventh Lok Sabha too in its 77th Report highlighted the injustice. A committee of senior Secretaries constituted by the Union government recommended, after due consideration, to evolve equitable principles of comparable seniority from different States for promotion to Indian Administrative Service. Pursuant thereto the central government proposed to amend the Indian Administrative Service (Regulation of Seniority) Rules, 1954, for short the Seniority Rules. In the meantime the Rules were repealed and replaced by I.A.S. (Regulation of Seniority) Rules, 1987 which came into effect from 6/11/1987 for short New Seniority Rules. The first respondent issued Circular letter dated 9/09/1986 to the State governments indicating amendments for fixation of seniority of officers promoted from State Civil Services to I.A.S. to give weightage over and above 4 years in the assignment of year of allotment as per the existing relevant rules, namely, four years for the first 12 years State service with additional weightage of one year for every two to three years completed service subject to a maximum of five years. After receiving suggestions or comments from State governments, the central government exercising the power under Ss. (1 of Section 3 of All India Services Act, 1951 for short, the Act amended the New Seniority Rules, 1987 which amendment was published in the Gazette of India on 3/02/1989 for short the First Amendment Rules. The proviso thereto was made limiting its operation prospectively from 3/02/1989. Putting the proviso and its prospective operation in issue, the appellants from U.P. in Civil Appeal No. 4788 of 1992 [SLP (C) No. 13823 of 1991] filed Original Application No. 18 of 1989 in the central Administrative tribunal, Allahabad at Lucknow Circuit bench, contending that they were promoted in 1980 onwards but by limiting its application to Novemer 6, 1987, they were discriminated. Bihar Officers questioned the Rule in O.A. No. 136 of 1989 before the CAT at Patna. Therein the appellants though found to be entitled to the total weightage of 9 years since their juniors were given 1983 as the year of allotment, by operation of proviso to Rule 3(3(ii) of the First Amendment Rules were given 1983 as the year of allotment. Thereby they were denied 3 years weightage.

(4) THE tribunal at Lucknow held that the prospective operation discriminated the Senior State Civil Service Officers but it refused to direct the Union government to amend the Rules with retrospective effect. However, the government of India was requested to reconsider the mat ter to give retrospective operation to the First Amendment Rules. The tribunal at Patna upheld the rules and dismissed the application. The Officers from Uttar Pradesh through their Association filed the writ petition under Article 32 of the Constitution seeking writ of certiorari to quash the order dated 12/12/1990 made by the Ministry of Personnel, Public Grievance and Pension Department and for a mandamus to extend the benefits fl