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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE AMIT RAWAL, MR.JUSTICE K. V. JAYAKUMAR, JJ
Shilpa D. – Appellant
Versus
Union of India Rep. by its Secretary, New Delhi – Respondent
JUDGMENT :
AMIT RAWAL, J.
1. Present O.P. (CAT) is directed against the judgment of the Central Administrative Tribunal dated 12.10.2023 rejecting O.A. No.139 of 2020 wherein the following reliefs were claimed:
"a. Call for the record leading to the issue of Annexure A7 and A9 and quash the same to the extent they pertain to applicant's allotment to Kerala Cadre.
b. Direct the Respondents to consider afresh applicant's claim for allotment of Home Cadre of Karnataka and to cause issue of necessary orders allotting the applicant to her Home cadre of Karnataka with all consequential benefits in the matter of seniority etc.
c. Pass any other order or direction that this Hon'ble Tribunal may deem it fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity."
2. Succinctly, the facts in brief for adjudication of the controversy are enumerated herein below:
Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, vide Office Memorandum dated 10.04.2008, came out with a Cadre Allocation Policy for All India Services - IAS/IPS/IFS (hereinafter called 'CAP -2008'). As per the aforementioned
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.
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.
Judicial intervention in cadre allocation is limited; rectifications post long delays can destabilize existing management unless egregious errors are proven.
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....
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....
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