CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 1191/2018 This the 02^nd Day of February, 2026 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Shri C. Uday Kumar, Son of Sh. S. Chellappan, R/o House No.B-2, Delhi Govt. Residential Flats, Sector D-2, Vasant Kunj, New Delhi- 110070 .…Applicant (None for the applicant)

VERSUS

1. Union of lndia, Ministry of Personnel, Public Grievances & Pensions, Through its Secretary, North Block, New Delhi-110001.

2. Union of lndia, Ministry of Home Affairs, Through its Secretary, North Block, New Delhi-110001.

3. GNCTD, Services Department, Through its Principal Secretary Delhi Sachivalaya, I.P Estate, Delhi 110002 .... RESPONDENTS (By Advocate : Mr. Ranjan Tyagi with Mr. Tanishq)

ORDER (ORAL)

Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

The present OA is filed by the applicant seeking the following reliefs :

(i) Quash and set aside the impugned order dated 14.11.2017 and 12.03.2010 issued by the Respondents being illegal;

(ii)Direct the Respondents No.1 and 2 to consider the number posts operated in Delhi for a long time in IAS by Respondent no.3 prior to the impugned notification dated 12.3.2010 and to direct them to encadre the required posts with effect from 12.3.2010 in terms of Hon'ble Supreme Court order dated 19.4.2000 in VVP 613 of 1994 and Hon'ble CAT Jabalpur bench orders dated 29.5.2005 in OA No.284 and 285 of 2004 and to modify or amend the impugned notification dated 12.3.2010 qua Delhi segment accordingly;

(iii) Direct the Respondents to conduct review DPC for promotion to IAS, if there is any increase in IAS promotion posts in the year

2010 on the basis of decision taken pursuant to (ii) above;

(iv) Complete the above process at para(ii) and (iii) within a period of 6 months;

(v)Direct the respondents to consider the applicant for promotion to IAS immediately from 2011 with all consequential benefits; ·

(vi) Order and direct the award of costs in favour of the Applicant and against the Respondents; and (vii) Pass any other or further orders /directions as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.

2. Brief facts of the case as stated in the OA is that the applicant belongs to the 1991 batch of the Delhi and Andaman & Nicobar Islands Civil Service (DANICS) and is presently working as Deputy Commissioner (Revenue). Under Regulation 5 of the All India Administrative Service (Appointment by Promotion) Regulations, 1955, the applicant became eligible for promotion to the Indian Administrative Service (IAS) in the AGMUT cadre after completing eight years of regular service. Despite having completed more than 25 years of service, the applicant has not been promoted to the IAS.

3. The applicant attributes this denial to alleged illegality committed by the respondents in the encadrement of IAS senior duty posts in the Delhi segment of the AGMUT cadre in the year 2010. On 12.03.2010, the Ministry of Personnel, Public Grievances and Pensions issued the IAS (Fixation of Cadre Strength) Second Amendment Regulations, 2010, fixing 56 senior duty posts for the GNCTD segment. According to the applicant, this fixation was contrary to Rule 4 of the IAS (Cadre) Rules, 1954 and the instructions issued thereunder, which mandate inclusion of all superior posts of and above the rank of District Officer while encadring senior duty posts. It is the applicant’s case that, had the cadre rules been followed in letter and spirit, at least 98 senior duty posts ought to have been encadred for the GNCTD segment instead of 56. Consequently, the number of promotion vacancies to the IAS would have increased from 31 to 54, resulting in 23 additional promotion posts in 2010. In such a scenario, the applicant would have fallen within the zone of consideration for promotion to the IAS in the DPC held for the year 2011.

4. The applicant submitted a detailed representation dated 05.09.2014 highlighting the alleged illegality in the c