With regard to the other three promotees numberdate was shown as having been agreed to by the Government of India.
Recruitment to the Indian Administrative Service was to be by direct recruitment or by promotion of members of a Provincial Civil Service.
Later on section 2 a was introduced into the 1951 Act to include certain other.
The other 108 posts are to be filled by direct recruitment.
Appeals from the judgment and order dated November 7, 1969 of the Patna High Court in Civil Writ Jurisdiction Cases Nos.
The companytroversy in the present appeals is as to the seniority between the direct recruits and the promotees under the Indian Administrative Service Regulation of Seniority Rules, 1954.
The All India Service was defined to mean the Indian Administrative Service or the Service known as the, Indian Police, Service.
The promotees were initially recruited to the executive branch of the Bihar State Civil Service and were subsequently in the years 1955 and 1956 promoted to the Indian Administrative Service.
C. Agarwal, R. K. Garg and V. J. Francis for respondents Nos.
The direct recruits were appointed to the Indian Administrative Service in the years 1949 and 1950 as a result of companypetitive examination held for recruitment of candidates to that Service.
1473 of 1970 and respondent No.
Of the total authorized strength of 211 cadre posts in the State of Bihar 175 are direct recruitment posts and 36 are promotion posts.
It will have prospective operation.
565 and 1470 to 1474 of 1970.
1470 of 1970 .
The Judgment of the Court was delivered by Ray, L These six appeals are by certificate from the judg ment dated 7 November, 1969 of the High Court at Patna quashing the order of the Government of India dated 20 September, 1967, and directing that the respondents must companytinue to hold rank as assigned to them in 1958.
The date of officiation in the senior scale by the promotees as agreed to by the Government of India was shown in that letter as some time in the month of October, 1955 with regard to three promotees and in the month of December, 1955 with regard to the fourth promotee.
The Government of India on 3 September, 1958 allotted to the promotees the year 1948 and placed them below the junior most amongst the direct recruits of the 1948 allotment.
The 1954 Recruitment Rules speak of recruitment to the Service inter alia a by a companypetitive examination, and b by promotion.
The High Court quashed the order dated 20 September, 1967 and directed that the promotees would companytinue to hold the year of allotment assigned to them in the year 1958.
As Shri M. K. Mukherjee the seniormost regular recruit of 1950 batch started officiating companytinuously in senior posts with effect from 2 May, 1955 a date earlier than the relevant dates of S Shri S. C. Mishra, A. F. Abbas, R. S. Mandal, S. K. Sinha, S. K. Chakravarty, N. P. Sinha and S. Sahay, these ,officers may be re allotted to the year 1950 and may be placed before Shri S. D. Prasad RR 1950 and above Shri P. S. Appu RR 1951 .
The Government of India have therefore decided to revise the seniority of the officers companycerned.
Items 5, 6, 7 and 8 in the Bihar Cadre Strength relate, to other posts with which the present appeals are number companycerned.
On 14 April, 1967 the State of Bihar represented to the Government of India to reject the representation of the direct recruits on the ground that the facts alleged by the direct recruits were wrong.
The origin of the Indian Administrative Service is to be found in the Memorandum of Agreement dated 21 October, 1946 between the Government of India and the Government of the then Provinces.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The direct recruits thereafter made representation against the decision of the Government of India.
3 in C.As.
The Fixation of Cadre Strength Regulations, 1955 were made in exercise of the rule making power companyferred on the Central Government by rule 4 of the Indian Administrative Service Cadre Rules.
The other two modes of recruitment by selection from emergency companymissioned officers and from persons who hold any substantive capacity gazetted post and who are number members of the State Civil Service are number relevant for the purpose of the present appeals.
Basudeo Prasad, R. B. Datar and S. N. Prasad, for the appel lants in all the appeals .
1966 the Government of India took a tentative decision to allow the representation of the direct recruits on the ground that the previous decision was on wrong facts and on wrong interpretation.
The promotees succeeded in the High Court.
565 of 1970 and respondent No.
853, 854 and 877 to 880 of 1968.
1470 to 1472 and 1474, 1970 .
For the sake of brevity the appellants can be described as direct recruits and the respondents as promotees.
1 and 2 in C.A. No.
These officers may be allotted to the year 1952 and may be placed below Shri K. I K. Srivastava RR 1952 and above Shri R. B. Lal SCS7SR 1952 .
The present appeals relate to promotees after the abovementioned Rules and Regulations came into existence.
representation of the direct recruits to the Government of India against the decision made by the Government of India in the year 1958.
On 4 January.
2 in C.A. No.
The appellants and the respondents are number members of the Indian Administrative Service.
1 in C.A. No.
Eventually, on 13 January, 1965 the State of Bihar forwarded the.
1471 to 1474 of 1970 .
In order to appreciate the rival companytentions reference may be made to the origin of the Indian Administrative Service and the relevant rules and regulations in that behalf.
2 in C.As.
3 in C.As.
The promotees impeached the Government of India Memorandum dated 20 September, 1967 principally on the ground that the Government of India was wrong in holding that it was number companypetent to the State of Bihar to make a retrospective declaration of a post as equivalent to a cadre post.
C. Chagla, Gobind Das and S. P. Nayar, for respondent No.
Shri N. Nagamani, the seniormost regular recruit of 1952 batch started officiating companytinuously in senior posts earlier than the relevant dates of S Shri Ramanand Sinha, Anwar Karim, R. C. Sinha, S. K. Ghosh, and M. Alam.
In 1951 the All India Services Act came into existence.
4 in A. No.
The Indian Civil Administrative Cadre Rules, 1950 specified in the Schedule thereto for each Province the strength of the cadre and the number and character of the posts.
The Indian Administrative Service came to be companystituted under the Agreement with effect from 21 October, 1946.
1 in C.As.
Lal Narain Sinha, Advocate General for the State of Bihar, K. Daphtary and U. P. Singh, for respondent No.
565 and 1473 of 1970 and respondent No.
K. Daphtary, S. C. Agarwal, R. K. Garg and V. J. Francis, for respondent No.
On 20 September, 1967 the Government of India however allowed the representation of the direct recruits and revised the seniority of the promotees and allotted to some of the promotees the year 1950 and to some of the promotees the year 1952 as mentioned in the letter of the Government of India dated 20 September, 1967 set out hereunder The matter was further examined in companysultation with the Ministry of, Law,, who have reiterated their earlier advice and said that rule 2 g of the Indian Administrative Service Regulation of Seniority Rules, 1954 does number permit retroactive declaration of a post equivalent to a senior post of the I.A.S. The declaration made by the State Government in the present case cannot have retrospective operation.
1470 to 1472 and 1474 of 1970 .
565 of 1970 , respondent No.
The Indian Administrative Service Regulation of Seniority Rules, 1954 formed the bone of companytention between the direct recruits and the promotees.
