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1990 (12) TMI 321 - SC - Indian Laws

Issues:
1. Eligibility for selection to the Indian Administrative Service.
2. Consideration for promotion to the selection grade of the Tripura Civil Service.
3. Contention for retrospective appointment to the Indian Administrative Service.
4. Dismissal of the Writ Petition under Article 32 of the Constitution.

Eligibility for selection to the Indian Administrative Service:
The petitioner, a former member of the Tripura State Civil Service, challenged his non-selection to the Tripura Civil Service due to adverse remarks in his confidential reports. After the adverse remarks were reviewed and expunged, he was appointed to the Tripura Civil Service with retrospective effect from March 4, 1967. However, the State Government contended that he could not be considered for appointment to the Indian Administrative Service as he was not initially selected to the Tripura Civil Service. The petitioner argued that he should be eligible for selection to the I.A.S. with retrospective effect, but the court declined to interfere, citing the petitioner's previous writ petition seeking promotion to the Tripura Civil Service and I.A.S., which was disposed of by the Gauhati High Court.

Consideration for promotion to the selection grade of the Tripura Civil Service:
The petitioner had filed a writ petition before the Gauhati High Court seeking promotion to the selection grade of the Tripura Civil Service and to the Indian Administrative Service. The High Court disposed of the petition stating that the Government would consider the petitioner for promotion to the selection grade of the T.C.S. in 1970. The petitioner accepted this proposal and did not press for any other relief. The Supreme Court noted that the petitioner was satisfied with the Government's undertaking and could not seek the same relief again in the present petition under Article 32 of the Constitution.

Contention for retrospective appointment to the Indian Administrative Service:
The petitioner's counsel contended that, given the expungement of adverse remarks and his appointment to the Tripura Civil Service with retrospective effect, the petitioner should be considered for appointment to the Indian Administrative Service with retrospective effect. However, the court declined to interfere in this case, considering the petitioner's previous writ petition and the satisfaction expressed by the petitioner with the Government's undertaking to consider him for promotion to the selection grade of the Tripura Civil Service.

Dismissal of the Writ Petition under Article 32 of the Constitution:
The Supreme Court dismissed the present Writ Petition under Article 32 of the Constitution, with no order as to costs. The court noted that the petitioner had previously accepted the Government's proposal to consider him for promotion to the selection grade of the Tripura Civil Service, and it would not be in the interest of justice to revisit the matter after over twenty years.

 

 

 

 

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