High CourtsDivision Bench(2011) 03 DEL CK 0169

Union of India (UOI) vs Shri Vijay Kumar and Others

Delhi High Court · Decided on 29 March 2011

HON’BLE JUDGES
Veena Birbal, J · Anil Kumar, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 13352 of 2005

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 243 words

Anil Kumar, J.—The Respondents who were appointed as direct recruit Section Officers in CSS and who belonged to the category of Scheduled Castes and Scheduled Tribes had sought benefit of third proviso to Rule 12(2) of the CSS Rules on the ground that the amendment made in the Rules was prospective in nature and they were entitled to third proviso to Rule 12(2) of CSS Rules as it stood till the amendment in the year 1999.

2.

Respondent had sought quashing of orders dated 27.07.2001 and 12.08.2002 finalising the select list of the officers of CSS for the years 1987, 1988, 1989, 1990 to 1994 for appointment to Grade I (Under Secretary) of the Service.

3.

The Tribunal considering the pleas and contentions had held that in view of third proviso to Rule 12(2) of the Rules, the Respondents were eligible because their juniors who had completed eight years service had been taken on the panel. In the circumstances, relying on various precedents, the Tribunal had allowed the Original Application and had directed the Petitioner to prepare the revised select list in accordance with the third proviso to Rule 12(2) of CSS Rules which was in force at the relevant time and to consider the claim of the Respondents in accordance with law.

4.

No one is present on behalf of the parties.

5.

The writ petition is, therefore, dismissed in default.

6.

All the pending applications, if any, are also disposed of.