Union Of India vs Shri Vijay Kumar & Others
2011 Latest Caselaw 1839 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+           W.P.(C) No.13352/2005

%                               Date of Decision: 29.03.2011


UNION OF INDIA                                      ..... Petitioner
                         Through :   None.

                   versus

SHRI VIJAY KUMAR & OTHERS                             .... Respondent
                    Through :        None.

CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MS. JUSTICE VEENA BIRBAL

1.    Whether Reporters of local papers may be allowed
      to see the judgment ? No

2.    To be referred to the Reporter or not? No

3.    Whether the judgment should be reported in Digest? No

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.

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.

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.

No one is present on behalf of the parties.

The writ petition is, therefore, dismissed in default.

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

ANIL KUMAR, J.

VEENA BIRBAL, J.

MARCH 29, 2011 srb