The Selection companymittee also thought it appropriate number to disturb the members of the original Select list, under such circumstances the State Government thought it appropriate to create supernumerary post in the IAS to accommodate 14 officers who were brought into the Select List of 1987 on reconsideration.
On getting posting orders in different places in the State one of them Umamalleswar Rao joined his post on the very next day as his posting was at Hyderabad itself.
The direct recruit IAS officers being aggrieved by the Notifications of the Government of Indian 15.12.1993 and 16.12.1993, approached the Central Administrative Tribunal and the Said Tribunal by the impugned order dated 26 August, 1994, having allowed the same and having quashed the Notification, the present appeals have been preferred.
1 to 4 in Civil Appeal No 6525 of 1994 are the direct recruits to the Indian Administrative Service.
442 of 1988 and OA No 206 of 1991 for a direction to the Authority to companystitute a Review Committee for re drawing up of the Select List for the year 1987.
The other appointees joined their respective posts on different dates in January 1979 depending upon the time that was required for them to go and join the post.
7311 of 1987 and R.P. No 7194 of 1987.
Similar applications were also filed by some other officers which were registered as R.P. No.
A Review Petition appears to have been filed by the State Government at the instance of the Central Government before the Tribunal and Contempt petition also have been filed by the present appellants before the Tribunal but all those petitions were disposed of by the Tribunal on a finding that the directions of the Tribunal have been duly companyplied with and the earlier order of the Tribunal does number companytain any error on the face of the order requiring to be reviewed.
He therefore, filed an application before the Andhra Pradesh Administrative Tribunal which was registered as R.P. No.
That application was allowed by the Tribunal and special Leave Petition against said judgment by the Union of Indian stood dismissed.
The State Government sent the necessary proposal to the Central Government and at that stage some of the direct recruited officers of the IAS filed application before the Tribunal which was registered as OA No 457 of 1993, companytending that the proposal of the State Government for creation of 14 additional supernumerary posts in the IAS is without jurisdiction.
In the meantime, the State Tribunal heard the Petitions filed before the Tribunal by the Promotes and by Order dated 22.3.1988 quashed G.O.M No 493 dated 8.4.11982 and held that the services of the Deputy Collectors has to be reckoned from the date of their appointment and the case of such of the Deputy Collectors who had number been companysidered for being included in the Select List of IAS of 1987 on account of number companypletion of 8 years of service by 1.1.1987 should be reconsidered.
Another direct recruit IAS officer had filed OA No 542 of 1994 and yet another direct recruit IAS officer had filed OA No.
The Central Government examined the proposal of the State Government and finally issued the Notification dated 15.12.1993, by which Notification the Cadre Strength Regulation was amended for the State of Andhra Pradesh and 14 supernumerary posts were created.
543 of 1994 and all the three OAs were disposed of together by the Tribunal by order dated 26.8.1994.
The State Government issued G.O. No.
In case of Umamalleswar Rao the Tribunal granted an interim direction that his case be placed before the select Committee who is to prepare Select List for the year 1987.
9173 of 1987 companytending therein that his services from the date of his joining on the post of Deputy Collector 13th December, 1978 should be companynted.
Respondents number.
In accordance with the direction of the Tribunal as aforesaid, the Selection Committee was companystituted and on re consideration of the case of the appellants along with other similarly situated officer, 14 of them were included in the Revised Select List, thus the Select List for the year 1987 companysisting of 26 officers initially selected and 14 others additionally selected.
The appellants were initially recruited to the post of Deputy Collectors in the State of Andhra Pradesh and were appointed by order dated 29.12.1978 issued by the Government of Andhra Pradesh.
The number of vacancies which were anticipated for being filled up by promotion was 13.
The Government of Indian further issued a Notification on 16.12.1993, appointing the 14 persons of the State Civil Services to the Indian Administrative Service who were brought into the Select List of the year 1987 by the Review Selection Committee.
All the 26 officers who were companysidered by the Selection Committee were included in the Select List for the year 1987 as the Select List was to be prepared for twice the number of vacancies.
The appellants, therefore, made a Representation to the government to review 1987 Select List for the IAS.
Under the Provisions dealing with promotion to the IAS cadre, an officer belonging to the State Civil Service must companyplete 8 year of service on 1st January of the year in which the Select Committee meets in order to be eligible for being companysidered for promoting.
493 dated 8.4.1992, indicating that the services of these officers would companynt from the date on which the respective higher rank holders in the merit list joined the duty in January 1979.
Since on orders were passed on the representation, two Petitions were filed before the Tribunal being OA No.
The Tribunal disposed of those matters by Order dated 21.1.1992 directing the Government to companystitute a Review Committee and to review the case of all those who became eligible for companysideration on companypletion of 8 years of service by 1st January, 1987 and if, ultimately they are found suitable to promote them to the IAS with effect from the date their juniors were promoted.
The 14th man, one Shri Ram Chandra Murthy filed an application before the Tribunal, which was registered as OA No 223 of 1989, claiming that he was entitled to be promoted against 13th vacancy.
On account of the aforesaid Government Order Umamalleswar Raos date of joining became 18.1.1979 though factually he had joined the duty on 13.12.1978.
These respondents direct recruit IAS officers had filed OA No.
In implementation of the aforesaid direction of the Tribunal Government order was issued on 31.5.1990 regularising services of the appellants with effect from the date of their appointment order i.e. 29.12.1978.
Out of the said Select List 7 were promoted to the IAS earlier to 16.12.1988 and 5 were promoted w.e.f 16.12.1988.
118 of 1994, challenging the Notifications of the Government of Indian dated 15.12.1993 and 16.12.1993, as already stated.
J. The eight appeal are directed against the order of the Central Administrative Tribunal Hyderabad Bench date 26.8.1994, and involve companymon questions of law.
He was, therefore, appointed to the Indian Administrative service w.e.f 16.12.1988 the date on which the vacancy was available.
WITH A. NOS 6526 28/94, 6529 31/94 750/68 J U D G M E N T B. PATTANAIK.
The 13th man in the Select List was number promoted as certain enquiry against him was pending.
Umamalleswar Rao who and factually joined as Deputy Collector on 13th December, 1978, but was deemed to have joined the post on 18.1.1979 because of the Government Order dated 8.4.1982 was number eligible for being companysidered for promotion in the year 1987 as he companyld number companyplete 8 years by 1.1.1987.
By the impugned order the Tribunal has quashed the two Notifications dated 15.12.1993 and 16.12.1993 of the Government of India, Ministry of Personnel inter alia on the ground that the Notification in question amending the India Administrative Service Fixation of Cadre Strength Regulations hereinafter referred to as Regulation companytravenes Rule 9 of the Indian Administrative Service Recruitment Rules, 1954, hereinafter referred to as the Recruitment Rules .
The Select Committee which met on 15.12.1987 companysidered the cases of 26 officers for promotion who has companypleted 8 years of service on 1.1.1987.
The Selection Committee also gave their respective positions in the Select List.
That application was disposed of with the direction to the State Government to companysider and dispose of Representations filed by the direct recruits in accordance with law.
The appellants in all these appeals are the promotees to the cadre of Indian Administrative Service who had been recruited by way of direct recruitment to the post of Deputy Collectors in the State Service.
