JUDGEMENT
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(1.)The petitioner herein was selected in Indian Administrative
Service in Civil Services Examination (CSE, 1997). He belongs
to the General Category and secured fifth position in the
combined merit list of the said examination. He was allocated
to Manipur Tripura joint cadre of the IAS. According to him,
this allotment of Maniput-Tripura cadre was contrary to the
provisions of 'principles of cadre allocation' as enumerated in
D.O. letter dated 31.5.1985 and on the right application of the
aforesaid provisions, he should have been allocated
Maharashtra cadre. His representation for change of cadre was
turned down vide letter dated 11.8.1998.
(2.)Challenging the aforesaid decision of the respondent, the
petitioner approached the Central Administrative Tribunal
(hereinafter referred to as 'the Tribunal') by filing OA
No.1080/1999 under Section 19 of the Central Administrative
Act. His contention, however, has not found favour with the
Tribunal, as a result whereof, the Tribunal has dismissed the
said OA vide impugned orders dated 16.5.2000.
(3.)Not satisfied with the outcome, the petitioner seeks judicial
review of the aforesaid orders by means of instant writ petition
filed under Article 226 of the Constitution of India. The
controversy is in narrow compass and revolves around the
following facts:
As mentioned above, the petitioner got into Indian
Administrative Service on the basis of Civil Services
Examination, 1997. He belongs to 1998 batch. As is wellknown, it is an All-India cadre. Those who get selected are
allotted different State cadres as per the procedure of
allotment and cadre allotment. This procedure of allotment is
outlined below:
(i) The vacancies for IAS to be filled up in a year
through Civil Services Examination are obtained
from all the States/joint cadres and a-200 point
roster. The total number of vacancies of General,
Other Backward Castes and Scheduled
Castes/Scheduled Tribes categories. These are
then distributed to the various State/joint cadres
for General, OBC and SC/ST categories to keep the
total of all cadres same for each category as
determined by the 200 point roster.
(ii) The principles and procedure of cadre allotment
given in the above-mentioned Circular are briefly
summarized below:
(a) The total number of vacancies in a cadre are
applied to first 30-point roster to determine
the number of vacancies to be filled by
inside-State and outside-State candidates.
The roster operates as: Outsider, Insider,
Outsider repeated by Outsider, Insider,
Outsider. The roster works on a continual
basis from the previous year.
(b) Another 30-point roster (2
nd
Roster) is
applied to each cadre for the reserved
category vacancies (incorporating OBC &
SC/ST vacancies) to distribute the vacancies
as Outsider, Insider, Outsider and repeated
as Outsider, Insider, Outsider. This roster
also runs on continual basis from the
previous year. The remaining vacancies
marked as Insider and Outsider are for
General Category candidates.
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