S. Ravindra Bhat, J. (Open Court):--

1. The Union of India (UOI) challenges the order dated 28.02.2013 of the Central Administrative Tribunal (CAT/Tribunal) passed in O.A. No. 1555/2012, whereby it quashed the cadre allocation of the respondent/applicant, and directed reconsideration of the entire issue.

2. The brief facts are that the respondent/applicant was declared as a successful OBC candidate in the Civil Services Examination, 2010. The UOI, after taking into consideration his performance and the prevailing guidelines, circulars and other norms, allocated Karnataka cadre to the respondent/applicant.

3. The respondent/applicant, who had applied for his home cadre – which is Andhra Pradesh, complained that the denial of his home cadre was arbitrary. He approached the tribunal, which by the impugned order has allowed the application.

4. The UOI contends that the impugned order is erroneous, inasmuch, as, it has ignored the binding ruling of the Supreme Court in Union of India v. Rajesh Yadav, (1994) 6 SCC 38, which had clearly ruled that a public servant has no right to claim a particular cadre. It was argued that for the relevant year i.e. 2010, there were six vacancies, out of whi

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