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A. Y. KOGJE, SAMIR J. DAVE
Hiteshkumar S Makawana S/O. S. M. Chamar – Appellant
Versus
Secretary – Respondent
JUDGMENT :
A.Y. KOGJE, J.
1. The present petition is filed by the petitioner challenging order dated 13.11.2006 passed by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad in Original Application No.398 of 1996, by which request of the petitioner to allocate him Gujarat cadre as insider in place of Tamil Nadu.
2. Learned Advocate for the petitioner submitted that the petitioner was the only person who was appointed to the Indian Administrative Services from Gujarat on successfully clearing of the Civil Services Examination in the year 1994 and despite there being a vacancy for insider in the State of Gujarat, the petitioner was allocated Tamil Nadu Cadre as an outsider.
2.1 It is submitted that the Union Government has come out with the policy of cadre allocation for All India Service Officers wherein certain principles are enunciated for the distribution of vacancies between ‘insiders’ and ‘outsiders’ on the basis of roaster system. According to the said policy, the allocation of outsiders, irrespective of there being general candidates or reserved candidates, men or women, would be as per the roaster system after placing “insiders” at their proper places for the list pr
The allocation of cadre in the IAS is governed by strict principles that prioritize category-specific vacancies, and candidates do not have a right to claim allocation to their home state.
Cadre allocation decisions must adhere to a candidate's expressed preferences in order of merit; failing this, an insider status claim based on lower preferences is invalid.
The allocation of cadre to IPS officers must adhere to the principles of equality and the insider-outsider roster as per the Cadre Allocation Policy.
Cadre – Scope of change – Finality has to be attached to process of selection.
A candidate belonging to a reserved category, if selected under the General/Open Category, is entitled to be considered for posting as per his or her preference on the basis of his or her merit among....
Judicial intervention in cadre allocation is limited; rectifications post long delays can destabilize existing management unless egregious errors are proven.
Reservation – For allocation of unreserved vacancy to a candidate of reserved category, selection must be on ‘General Standard’ without availing any ‘Relaxed Standard’ in either eligibility or select....
Candidates from Scheduled Areas must be appointed and posted according to their selection for Scheduled Area vacancies, respecting their rights under the applicable rules.
The main legal point established in the judgment is that the Respondent was entitled to be allocated to the State of Telangana even on spouse ground and the Union of India erred in rejecting the requ....
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