and the recruitment of the respondents companycerned to the Joint Cadre was companytrary to the provisions of section 3 of the All India Services Act.
and the Cadre Rules.
From the judgment and order dated the 25 9 1969 of the Delhi High Court in Writ Petitions Nos.
The Joint Cadre for all the Union Territories was brought into existence from January 1, 1968, by GSR 42 under rule 3 1 of the Indian Administrative Service Cadre Rules, 1954, hereinafter referred to as the Cadre Rules, published along with certain companysequential changes in the other rules of the Service in Gazette of India, Extraordinary, dated January 13, 1968.
405 and 478 to 487 of 1968 P. Raman, Addl.
The Rules were amended on December 21, 1967, by providing for a Joint Cadre in relation to the Union Territories and the North East Frontier Agency, and the Central Government formulated the aforesaid scheme to extend the Delhi Himachal Pradesh Cadre to all Union Territories by absorbing the officers of that cadre and by appointing to it officers of the Indian Frontier Administrative Service and all other Union Territories at its initial companystitution.
The petitioners in the h Court challenged the creation of the new Joint Cadre for all the Union Territories and the appointment of some of the respondents thereto.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
2289 2299 of 1969.
B. Datar, for the respondents.
It was urged in the High Court that the companystitution of the new Joint Cadre was illegal as it was companytrary to the provisions of article 312 of the Constitution and the All India Services Act, 1951 as it was number companymon to the Union and the State inasmuch as a Union Territory was number a State.
A new cadre of the Service was companystituted for the Union Territories of Delhi and Himachal Pradesh and recruitment to that cadre was made directly without companyplying with the recruitment of rule 4 1 of the Indian Administrative Service Recruitment Rules, 1954, hereinafter referred to as the Recruitment Rules, which prescribed the numbermal method of recruitment to the Service.
The High Court has quashed the orders of the Central Government numberified in GSR 42 to 49, published in Gazette of India, Extraordinary, dated January 13, 1968, as well as the scheme for the formation of a joint cadre of the Indian Administrative Service, hereinafter referred to as the Service, for the Union Territories, and has held that the formation of the Delhi Himachal cadre of the Service was also ultra vires the Constitution.
405 of 1968 and companynected petitions Nos.
The Judgment of the Court was delivered by SHINGHAL, J. These appeals by certificate are directed against the judgment of the Delhi High Court dated September 25, 1969, allowing Civil Writ Petition No.
General with P. P. Rao, and S. Nayar, for the appellant.
478 to 487 of 1968.
