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1999 Supreme(Pat) 722

B.P.SINGH, INDU PRABHA SINGH
Ashok Kumar – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the petitioners: M/s. Mihir Kumar Jha, Amit Kumar (in 8706); M/s Ram Balak Mahto, Rajni Kant Jha (in 2298); Mr. Lalit Kishore (in 3293); M/s Ramchandra Jha, Indrajeet Jha, Sanjay Kr. Jha (in 2099); M/s Rajendra Prasad Singh, Hamendra Pd. Sinha (in 2024); Mr. Sanjeev Kumar Mishra (in 2567)
For the State : M/s. Swapan Kumar Ghose, Dr. Maya Nand Jha (in 8706); M/s Alamdar Hussain, Shashi Shushan Kumar, Ashok Kumar Mishra, Srajesh Kumar (in 2298)
For the respondents: M/s. Jagdanand, Partha Sarthy (for Resp. 6, 8, 9, 11 in 8706), (for Resp. 64, 65, 67, 69 in 2298), (for Resp. 1, 3, 4, 6 in 3293), (for Resp. 8, 9, 11, 13 in 2099), (for Resp. 6 to 9 in 2024).
For the Union of India : Mr. Chadkradhari Singh (in 8706); M/s Rakesh Kumar, Manoj Kumar (in 2298, 3293, 2099); Mr. J.P. Karn (in 2024).
For the intervenor : Mr. Navendra Kumar (in 3293); M/s Ganseh Pd. Singh, A.S. Thakur (in 2099).

JUDGMENT

B. P. Singh & I. P. Singh, JJ. - In this batch of writ petitions which are directed against the common judgment and order of the Central Administrative Tribunal, Patna Bench, Patna dated 29th day of January, 1998 in O.A Nos. 326 and 331 of 1997 the sole question which arises for consideration is whether the Tribunal was right in holding that the Committee constituted under the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 ought to have prepared year-wise select list of candidates for appointment by promotion to the Indian Administrative Service rather than a consolidated select list in respect of vacancies which occurred during the period of three years since the Committee could not meet during this period for reasons beyond its control. The Tribunal has held, following the judgment of the Supreme Court in Union of India and others vs. Vipinchandra Hiralal Shah (1996) VI Supreme Court Cases 721) that the Committee should have prepared a separate list for each year, keeping in view the number of vacancies in that year, after considering the State Civil Service Officers who were eligible, and fell within the zone of consideration, for selection i


































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