The court established that the petitioners were not entitled to a writ of mandamus for encadrement of ex-cadre/temporary posts or retrospective seniority, and rejected the challenge to the constitutional amendments.

Judgment

SANTOSH HEGDE, J.

( 1 ) LEAVE granted in SLP (C) No. 7823/96.

( 2 ) IN the above writ petitions and civil appeal members of the Tamil Nadu and Haryana State Administrative Services have sought for directions from this Court to the respondents to encadre all the State Deputation Reserve posts, Ex-cadre posts and Temporary posts hitherto manned by the members of the Indian Administrative Service (for short ias) for a continuous period exceeding three years, in the IAS cadre. It is their complaint that in their respective States large number of posts which are not included in item 1 of the Schedule to the IAS (Fixation of Cadre Strength) Regulations, 1955 (for short cadre Regulations) are being manned by IAS officers and these posts have been in existence for decades together and in spite of the same they are not encadred even though under the Cadre Regulations it is obligatory for the Central Government to do periodical cadre review. Consequent to the failure on the part of the respondents to encadre these large number of posts the petitioners/appellants are denied of their legitimate right of being selected to the IAS by promoting under Rule 8 of the IAS (Recruitment) Rules, 1954 (for short recruitment Rules ). They contend that 33 1/3 per cent of the State IAS cadre is reserved for selection by promotion of the State service officers and non encadring of the above posts has denied them of their legitimate share in the State cadre. During the pendency of these petitions and appeal, by notification dated 31/12/1997 the Central Government brought about certain amendments to the IAS (Appointment by Promotion) Regulations, 1955 (for short Appointment by Promotion Regulations ). The Central Government in its counter affidavit filed in the above cases contended that the complaints of the petitioners/appellants do not survive after the amendment since the respondents by those amendment have included the State Deputation Reserve posts and the Trainee reserve posts as part of the State cadre strength and petitioners are now entitled to have their share of 33 1/3 per cent of the enhanced cadre strength for their appointment to the IAS.

( 3 ) HOWEVER, the petitioners have rebutted this contention of the respondent and have amended their original petitions and/or filed separate petitions challenging the said amendments.

( 4 ) A perusal of the pleadings in the petitions/appeal filed prior to the amendment shows that under Rule 9 of the Recruitment Rules as it stood before the amendment, the number of persons to be recruited to the IAS from the State Civil Service was restricted to 33 1/3 per cent of the number of posts found at items 1 and 2 to the concerned schedule of the Cadre Strength Regulations. By amending the Recruitment Rules, the Union has now enhanced the cadre strength of each State by including the posts allotted to them under item 5 and part of item 6 of the Schedule found in the Cadre Strength Regulations which are posts classified as State Deputation Reserve and Trainee reserve. Therefore, it is clear that since the filing of the original petitions/appeal the Central Government has increased the strength of the State cadre of IAS, but the petitioners/appellants pleaded that this increase in the strength is wholly illusory. They contend that still large number of posts, which are either termed as ex-cadre or temporary, are excluded from the cadre strength and what is increased by the amendment is only a cosmetic increase.

( 5 ) THE respondents in opposition contend that during the exercise of review of the cadre strength they have taken note of the necessary requirements of each State and have encadred only such State Deputation Reserve and the Trainee reserve posts which in their opinion requires to be encadred. They contend that the State Governments have in contravention of Rule 4 of the Cadre Rules at times have been creating certain ex- cadre posts which in the opinion of the Central Government are unnecessary and