Case: Manu Maharaj Vs Union of India (UOI) and Ors.. Central Administrative Tribunal

JudgesShyama Dogra (J) and Khushiram (A), Members
IssueService Law
Citation2008 (103) SLJ 135 (CAT)
Judgement DateOctober 24, 2008
CourtCentral Administrative Tribunal

Order:

Khushiram, Member (A), (Chandigarh)

  1. The applicant qualified the Civil Services Examination held by the UPSC in 2004 and was selected to the Indian Police Service ('IPS' for short) as a general category candidate. At the time of filing this O.A., he was undergoing training in Sardar Vallabbhai Patel National Police Academy Hyderabad. He has pleaded that at the time of filling the form for the said Examination, he had opted for appointment to the home cadre i.e. State of Himachal Pradesh, but was allocated to the State of Bihar. The State of H.P. has a sanctioned strength of 50 IPS Officers and against the same only 48 were in position, out of which two officers were going to retire in 2006. Respondent No. 2 (State of H.P.) had requested for allocation of two IPS Officers, but only one such officer was allocated to it by respondent No. 1 and one more officer was required to be allocated. Applicant claims that since he was the only insider candidate and as per merit pertaining to the State of HP, he had topped the list and was thus eligible to be allocated to State of HP. He has contended that his father is not keeping good health and there is no one to look after him as his elder brother is working in Indian Foreign Service abroad. He made a representation (Annexure A-2), but the same has been rejected vide order dated 5.8.2006 (Annexure A-1). According to him, the rejection of his representation is illegal, arbitrary, discriminator and violative of Articles 14 and 16 of the Constitution. Hence, the applicant has filed this application, seeking mainly the following relief:

    That the entire record pertaining to the case may kindly be summoned and examined in the Court and after perusing the same the respondents may kindly be directed to consider the case of the applicant for allotment to Himachal Pradesh cadre, as per his option to the Home Cadre, since the vacancy in IPS cadre is lying vacant with the respondent No. 2.

  2. In their written statement, the respondents have stated that the representation of the applicant has been considered by respondents and rejected on merits. Therefore, applicant is not entitled for any relief and the O.A. deserves to be dismissed in limine. It has been stated by the answering respondent that Article 312 of the Constitution provides for allocation to one or more All India Services, common to the Union and the States and regulates the recruitment and conditions of service of persons appointed to any...

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