Arvind Singh Ias v. Union of India Thru Secy. Deptt. of Personnel & Training
2016-03-04
ASHOK PAL SINGH, NARAYAN SHUKLA
body2016
DigiLaw.ai
JUDGMENT Heard Sri Arun K.Singh, learned counsel for the petitioner as well as Sri S.B.Pandey, learned Assistant Solicitor General of India for the respondent no. 1. 2. The petitioner has prayed for issuance of a Mandamus to the respondents to fix his seniority in IAS Cadre from the year 2000. 3. The petitioner has placed on record the select list of the year 2009 of the IAS Cadre in which his name is enlisted at serial no. 9. It has been submitted that the petitioner was provisionally enlisted in the IAS Cadre, since, a departmental proceeding was pending against him which has been dropped now vide order dated 23rd June, 2015 as after enquiry no charge was found proved against the petitioner. After exoneration from charges, since the petitioner has not been enlisted at proper place in the seniority list of IAS Cadre of 2009 as substantive capacity, he has represented to the Secretary Personnel and Training Department of the State Government. He has also pleaded that in an identical situation, one Sri Gaya Prasad has been given proper seniority in the select list of 2010 of the IAS Cadre. He has further pleaded that another Sri Anil Raj Kumar who is placed in the select list at serial no. 10 of the IAS Cadre, and is below to the petitioner, has been assigned seniority in the year 2010. 4. In view of the aforesaid submissions, we feel it appropriate to issue directions to the respondents no. 1 & 2 to take a decision for the proper placement of the petitioner in the seniority list of the IAS Cadre of the select list of 2009 substantively. 5. At this stage, we are informed that the petitioner is going to retire on 30th April, 2016.Therefore, we stipulate the period for the respondents no. 1 & 2 to take a decision within a period of one month from the date of communication of this order. With the aforesaid direction, the writ petition stands disposed of finally.