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1991 Supreme(SC) 431

M.H.KANIA, P.B.SAWANT
Union Of India – Appellant
Versus
M. G. Dighe – Respondent


Advocates:
Altaf Ahmed, B.S.BANTHIA, C.V.SUBBA RAO, G.Prakash, HEMANT SHARMA, Piyush Mathur, S.K.AGNIHOTRI, S.K.Gambhir, T.C.SHARMA

JUDGMENT

P.B.SAWANT, J.

(1) WHAT falls for consideration in this appeal is the interpretation of clauses (1, (2 and (3 of Regulation 5 of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 [hereinafter referred to as the Regulations]. Respondent 1 and five Others who were members of the Madhya Pradesh State Civil Service had approached the central Administrative tribunal [Tribunal for brevity] with a grievance that the selection of officers to the Indian Administrative Service (IAS) on the basis of recommendation made by the Selection Committee in its meeting held on December 19, 1988 and on 16/03/1989 was illegal.

(2) IN its meeting on 19/12/1988, the Selection Committee had estimated 7 vacancies in the INDIAN ADMINISTRATIVE SERVICE cadre and was, therefore, required to prepare a select list of 14 members of the State Civil Service for promotion to the IAS, under Regulation 5(1 of the Regulations. While preparing the list, the Committee had to consider for inclusion in the said list the cases of members of the State Civil Service (in the order of their seniority) equal to three times the number of officers to be placed on the list. Hence th










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