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1994 Supreme(SC) 718

M.N.VENKATACHALIAH, A.M.AHMADI
T. Sham Bhat – Appellant
Versus
Union Of India – Respondent


Advocates:
KIRAN ACHARYA, L.M.Bhat, M.VIRAPPA, N.R.Nath, S.R.Bhatt, SANTOSH HEGDE

Judgment

VENKATACHALA

( 1 ) IN this appeal by special leave directed against an order dated 28/7/1993 made in Application No. 230 of 1993 by the central Administrative tribunal, Bangalore the tribunal, the constitutionality of Regulation 2 of the Indian Administrative Service (Appointment by Selection)SECOND Amendment Regulations, 1989 the INDIAN ADMINISTRATIVE SERVICE Second Amendment Regulations, is raised for our consideration and decision,

( 2 ) THE appellant is a Class I officer who holds a substantive gazetted post in the government of Karnataka. He belongs to its non-State Civil Service and has been serving the State in connection with its affairs involving duties comparable in importance and responsibility to that of Class I officers of the State Civil Service. Since unamended clause (ii) of sub-regulation (1 of Regulation 3 of the Indian Administrative Service (Appointment by Selection) Regulations, 1956 the INDIAN ADMINISTRATIVE SERVICE Selection Regulations, required a non-State Civil Service Class I officer to complete 8 years of continuous service in a gazetted post involving duties comparable in importance and responsibility to that of Class I officer in gazetted post of




























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