JUDGMENT

Vipin Sanghi, J. (Oral)

CAV No. 1081/2018

Learned counsel for the caveator has appeared. Accordingly, the caveat stands discharged.

C.M. No. 48964/2018

Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 12598/2018 with C.M. Nos. 48962, 48963, 48695/2018

1. The Union of India has preferred the present writ petition to assail the order dated 25.07.2018 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No. 579/2018 preferred by the respondent. The Tribunal has allowed the said Original Application and directed the petitioner to allocate Indian Administrative Services (IAS) to the respondent applicant with all consequential benefits within two months from the receipt of the copy of the order.

2. The respondent appeared in the Civil Services Examination (CSE), 2016. He claimed benefit of reservation as an OBC category candidate. He secured 204th rank in the list of candidates recommended by the Union Public Service Commission (UPSC) for appointment on the basis of CSE 2016 in the OBC category. The respondent, together with other successful candidates, was directed to undertake training at Lal Bahadur Shastri National Academy of Administration, Mussoorie from 28.08.2017 to 08.12.2017. However, he was not allocated any service. This was on account of the stand taken by the petitioner that he was not entitled to reservation as an OBC candidate, as he fell within the "Creamy Layer" in terms of the O.M. dated 08.09.1993 read with the clarification dated 14.10.2004.

3. The respondent herein was aggrieved by the stand taken by the petitioner and preferred an Original Application i.e. O.A. No. 4366/2017. The Tribunal directed the petitioner to consider the representation of the respondent and pass a speaking order. Consequently, on 17.01.2018 the petitioner passed an order giving its reasons for non consideration of the respondent as an OBC category candidate and for the petitioner's stand that he fell within the "Creamy Layer". The relevant extract from the said order reads as follows:

"10.3 And whereas above stated para 4(v) read with para 7 of the letter dated 14.10.2004 is applicable to the candidates whose either of the parents was recruited to a Group `C'/Group `B' post and he/she was further gets into a Group `A' post by the way of normal career progression i.e. promotion/induction but not through direct recruitment. In the instant case, father of the candidate is a directly recruited Group `A' employee, which he himself has accepted while filling the Detailed Application Form and the present representation also, therefore the candidate would fall in "Creamy Layer" by applying the tests given in category II(b) to the Schedule to OM dated 08.09.1993."

4. Consequently, the respondent preferred the aforesaid Original Application which, as noticed above, has been allowed by the Tribunal. The question which fell for consideration before the Tribunal was whether the case of the petitioner is covered by the "Creamy Layer" in terms of the notification dated 08.09.1993 read with the clarification dated 14.10.2004. At this stage, we consider it appropriate to extract the relevant portions of the notification dated 08.09.1993 and the clarification dated 14.10.2004.

5. Relevant extract of the notification dated 08.09.1993 reads as follows:

"2. Consequent to the consideration of the Expert Committee's recommendations this Department's Office Memorandum No. 36012/31/90-Estt. (SCT), dated 13.8.90 referred to in para (1) above is hereby modified to provide as follows:

(a) 27% (twenty seven percent) of the vacancies in civil posts and services under the Government of India, to be filed through direct recruitment, shall be reserved for the Other Backward Classes. Detailed instructions relating to the procedure to be followed for enforcing reservation will be issued separately...

.......

"(c) (i) The aforesaid reservation shall not apply to pe