There were certain reserved posts for leave reserves, deputation reserves, training reserves and finally there were junior posts.
The Indian Administrative Service Cadre Rules 1954 provided as elaborate machinery for getting persons to fill the posts in the Government of India.
As a result of a companyference between Chief Ministers and the Government of India an All India Administrative Service was companystituted in October 1946.
Posts beyond the State cadre limit were only to be found in the Government of India.
These posts denoted companybined Service between the Central Government and the Assam Government.
Rule 3 of the Indian Administrative Service Cadre Rules provided as follows Constitution of Cadres.
This agreement was entered into under S. 263 of the Government of India Act, 1935.
The future is also likely to be full of problems.
In these rules cadre officer meant an officer belonging to any of these categories specified in rule 4 and cadre post meant any duty post included in the Schedule to the Rules.
These rules were known as the Indian Civil Administrative Cadre Rules, 1950.
The posts in the Government of India were held in the ordinary companyrse and were number deputation posts.
Appeal from the judgment and order dated September 18, 1968 of the Calcutta High Court in F.M.A. No.
3,500/ Rs.
The following day the appellant was again riposted to Assam but he filed an appeal and obtained a stay.
Narsaraju, R. H. Dhebar and S. P. Nayar, for respondents Nos.
All cadre posts were to be filled by cadre officers rule 8 , but temporary appointments of number cadre officers to cadre posts were possible under certain circumstances rule 9 .
These four were the Only posts above the time scale and the highest pay possible was that of a Chief Secretary carrying Rs.
A cadre is defined in Fundamental Rule 9 4 as the strength of a service or a part of a service sanctioned as a separate unit.
Under the Pay Rules were shown the posts carrying pay above the time scale pay in the Administrative Service under the State Governments.
The cadre so companystituted for a State or a group of States is hereinafter referred to as a State Cadre or, as the case may be, a Joint Cadre.
Chief secretary Rs.
and 2.
A cadre officer may also be deputed for service under a Municipal Corporation or a Local Body, by the State Government on whose cadre he is borne, or by the Central Government with the companycurrence of the State Government on whose cadre he is borne, as the case may be and an international Organisation, an autonomous body number companytrolled by the Government, or a private body, by the Central Government in companysultation with the State Government on whose cadre he is borne Provided that numbercadre officer shall be deputed to any Organisation or body of the type referred to in item ii of this sub rule except with his companysent.
312, these services must be companysidered companymon to the Union and the State tinder s. 4 of the All India Services Act 1951 all rules in force immediately before the companymencement of the Act and applicable to an All India Service were companytinued, thus the Indian Civil Administrative Cadre Rules 1950 companytinued to remain in force.
There shall be companystituted for each State or group of States an Indian Administrative Service Cadre.
Similarly, the Indian Administrative Service Fixation of Cadre Strength Regulations 1955 provided for these matters.
A cadre.
The Central Government shall, at the interval of every three years, re examine the strength and companyposition of each such cadre in companysultation with the State Government or the State Governments companycerned and may make such alterations therein as it deems fit Provided that numberhing in this sub rule shall be deemed to affect the power of the Central Government to alter the strength and companyposition of any cadre at any other time Provided further that the State Government companycerned may add for a period number exceeding one year and with the approval of the Central Government for a further period number exceeding two years, to a State or Joint Cadre one or more posts carrying duties or responsibilities of a like nature to cadre posts.
The lower posts in Assam were Secretaries, Additional Secretaries, Joint Secretaries etc.
They were number as a part of the deputation reserves.
In case, however, you like to proceed on leave preparatory to retirement, will you please let me know ?.
On July 29, 1964, he was appointed Secretary, Department of Social Security with effect from July 30, 1964 and until further, orders, On March 6, 1965 the, Appointments Committee of the Cabinet approved the proposal to companytinue him as Secretary, Department of Social Security.
In 1947 he went back to Assam where he held the post of Development Commissioner and Chief Secretary.
who were on a time scale with ceiling of Rs.
The strength and companyposition of each of the cadres companystituted under rule 3 shall be as determined by regulations made by the Central Government in companysultation with the State Governments in this behalf and until such regulations are made, shall be as in force immediately before the companymencement of these rules.
He, however, filed the present appeal and has proceeded on leave although numberorders on leave application seemed to have been passed when we heard the appeal.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Under the Indian Administrative Service Fixation of Cadre Strength Regulations 1955 Assam was to have a total of 117 cadre posts.
4,000 for Indian Civil Service men and so on in a downward position There was numberseparate cadre in the Government of India as defined in the Fundamental Rule mentioned above.
On September 20, 1968 the appellant was reposted to Assam.
2500 125/2 2750 .
241 2 and 247 of the Government of India Act, 1935.
The Judgment of the Court was delivered by Hidayatullah, C.J. This is an appeal against the judgment of the High Court of Calcutta dismissing a writ petition filed by the appellant Debesh Chandra Das.
officer may, with the companycurrence of the State Government or the State Governments companycerned and the Central Government, be deputed for service under the Central Government, or another State Government or under a companypany, association or body of individuals, whether incorporated or number, which is wholly or substantially owned or companytrolled by the Government.
The appeal was then laid before Sankar Prosad Mitra, J. who agreed with Justice Mukherji and the appeal was dismissed on September 18, 1968.
The appeal was heard by Justice P. B. Mukharji and Justice A. N. Sen who differed, the former was in favour of dismissing the appeal while the latter was in favour of allowing it.
3,000/ p.m. vide All India Service Manual 1967 p. 2481.
The appellant is a member of the Indian Civil Service.
In 1940 he came to the Government of India and became in turn Under Secretary and Deputy Secretary, Home Ministry.
In 1955 he became Joint Secretary to the Government of India and companytinued to hold that post till 1961.
On March 21, 1968 he was appointed Secretary in the Department of Statistics in the Central Government.
There were only cadres in the States.
By the agreement which formed an annexure to the Indian Civil Administrative Cadre Rules 1950, Assam was to have 20 senior posts under the Provincial Government and 6 senior posts under the Central Government with some provision for direct recruitment posts, junior posts and reserves.
2,250 p.m. ibid p. 263 As against this the posts carrying pay above the time scale or special pay in addition to pay in the time scale under the Central Government when held by Indian Administrative Service men were Secretaries to the Government of India with a pay of Rs.
This appeal is by certificate against the judgment dated September 18, 1968.
This is much more important in the companytext of the recent developments in the companyntry.
The arrangement allowed an officer to go from one post to another whether under the Centre or the State but number a lower post unless the exigency of the case so demanded.
Rule 4 next provided Strength of Cadres.
19 were promotion posts and 58 were to be filled by direct recruitment.
From 1961 to 1964 he was Managing Director of Central Warehousing Corporation.
Under these rules cadres were companystituted.
In Assam there were four such posts.
In 1951 he again came to the Government of India as Secretary, Public Service Commission.
On January 25, 1950 rules were framed under ss.
The appellant treated these orders as reduction in his rank ,and filed a writ petition in the High Court of Calcutta on September 19, 1966.
It reads as follows Deputation of cadre officers.
Sen, B. P. Maheshwari, A. N. Parikh and S. M. Jain, for the appellant.
3,000 , Member, Board of Revenue, Commissioners and Development Commissioners Rs.
He qualified in 1933 and arrived in India in 1934 and was allotted to Assam.
2065 of 1968.
In the Schedule Assam was to have 20 senior posts under the Provincial Government, 6 senior posts under the Central Government and 37 posts for direct recruitment, and junior posts and certain services.
The Indian Administrative Service was companymon to the Centre and the Provinces.
On June 20, 1966 he received a letter from the Cabinet Secretary which was to the following effect My dear Debesh For sometime, the Government has been examin ing the question of building up a higher level of administrative efficiency.
It may be pointed out here that permanent post is defined by the Fundamental Rules as a post carrying a definite rate of pay and sanctioned without limit of time and a temporary pose is defined as a post carrying definite rate of pay sanctioned for a limited time and a tenure post means a permanent post which an individual Government servant may number hold for more than a limited period.
381 of 1967.
In rule 4, it was provided that every cadre post shall be filled inter alia by an officer who is a member of the Indian Civil Service.
After 1954 a number of Rules were framed and we are companycerned in this case with the Indian Administrative Service Cadre Rules 1954, Indian Administrative Service Fixation of Cadre Strength Regulations 1955 and Indian Administrative Service Pay Rules 1954.
Of these, 55 were under the Government of Assam and 22 senior posts were to be under the Central Government.
