TMI Blog1996 (10) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... vil Service [Rules 4(1) (b) and 8(1)]. Such promotion to the Service from the State Civil Service is governed by the Indian Administrative Service (Appointment by Promotion) Regulation, 1955 (hereinafter referred to as 'the Regulations') Regulation 3 makes provision for constitution of a Committee to make the selection. Regulation 5 prescribes the procedure for making the selection by the Committee and the preparation of a list. The said list prepared by the Committee in accordance with Regulation 5 is required to be forwarded by the State Government to the Union Public Service Commission [Regulation 6] and the list as approved by the Union Public Service Commission forms the select list for purpose of promotion of the members of the State Civil Service [Regulation 7]. Appointments to the Service are made by the Central Government on the recommendation of the State Government from the said Select List [Regulation 9]. The respondent was a member of the Gujarat Administrative Service Class I, having been recruited to the said service Class I, having been recruited to the said service in the year 1967. The select list for promotion to the Service from the State Civil Servic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of preparation of the list, in the posts available for them under Rule 9 of the Recruitment Rules, or 10 percent of the Senior posts shown against items 1 and 2 of the cadre schedule of each State of group of States, whichever is greater. (2) The Committee shall consider for inclusion in the said list, the cases of members of the State Civil Services in the order of a seniority in that Service or a member which is equal to five times the number referred in sub- regulation (1). Provided that such restriction shall not apply in respect of a State where the total number of eligible officers is less than fie times the maximum permissible size of the Select List and in such a case the Committee shall consider all the eligible officers. Provided further that in computing the number of inclusion in the field of consideration, the number of officers referred to in subregulation (3) shall be excluded. Provided also that the Committee shall not consider the case of a member of a State Civil Service unless, on the first day of January, of the year in which it means he is substantial in the State Civil Service and has completed not less than eight years of continuous service (w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause (2) instead of the words five times the words three times were substituted. In clause (3) the words 52 years were substituted by the words 54 years , and the second proviso was inserted. A perusal of Regulation 5 shows that clause (1) required that the Selection Committee shall ordinarily meet at intervals not exceeding one year and prepare a list of such members of the State Civil Service as are held by them to be suitable for promotion to the Service. The said clause also required that the number of the members of the State Civil Service included in the list shall not be more than twice the number of substantive vacancies anticipated in the course of the period of twelve months commencing from the date of preparation of the list. Under clause (2) the Selection Committee was required to consider the cases of members of State Civil Service in the order of a seniority in that service of a number which was equal to five times (subsequently reduced to three times) the number referred in clause (1). Under the third proviso to clause (2) it was prescribed that the Selection Committee shall no consider the case of member of the State Civil Service unless on the first day o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in those regulations were similar to those contained in Regulation 5 referred to above. In Regulation 4 (1) there was a requirement that the Committee shall meet at intervals not exceeding one year and consider the cases of all substantive members of the State Civil/Police Service who on the first day of January of the year had completed not less than eight years of continuous service. Under Regulation 4(2) it was prescribed that the Committee shall not consider the case of members of the State Civil/Police Service who had attained the age of 52 years on the first day of the January of the year in which the meeting of the Committee is held. Regulation 5(4) prescribed that the list so prepared shall be reviewed and revised every year. Mathew in his concurring judgment, has said :- The purpose of an annual revision or revision or review is to make an assessment of the merit and suitability of all the then eligible candidates and make a fresh list of the required number of the most suitable candidates from among them. In other words, the purpose of the annual review or revision of the select list is to prepare a list and to include therein the required number of the most suitable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which would be a legitimate expectation. This Court in Mohan Lal Capoor case held that the Committee shall prepare every year the select-list and the list must be submitted to the UPSC by the State Government for approval and thereafter appointment shall be made in accordance with the rules. We have, therefore, no hesitation to hold that preparation of the select-list every year is mandatory. It would subserve the object of the Act and the rules and afford an higher opportunity to the promotee officers to reach higher echelons of the service. [p. 605] It must, therefore, held that in view of the provisions contained in Regulation 5, unless there is a good reason for not doing so, the Selection Committee is required to meet every year for the purpose of making the selection from amongst State Civil Service officers who fulfill the conditions regarding eligibility on the first day of the January of the year in which the Committee meets and fall within the zone of consideration as prescribed in clause (2) of Regulation 5. The failure on the part of the Selection Committee to meet during a particular year would not dispense with the requirement of preparing the Select List for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent is included in the notional Select List/Lists so prepared or any particular year/years during the period 1980 to 1986 and is places in the order of merit so as to have been entitled to be appointed against a vacancy of that particular year, he can justifiably claim to be appointed to the Service against that vacancy of that year. But that appointment of other State Civil Service officers, through junior to the respondent, made on the basis of the Select List of December 1986/January 1987 and the vacancy against which the appointment of the respondent would be made will have to be adjusted the subsequent vacancies falling within the promotion quota prescribed for State Civil Service officers. Therefore, while upholding the judgement of the Tribunal that the respondent is entitled to seek fresh consideration on the basis that the selection should be made for vacancies occurring in each year separately, but in substitution of the directions given by the Tribunal in the regard, the following directions are given :- (1) The number of vacancies falling in the quota prescribed for promotion of State Civil Service officers to the Service shall be determined separately for each y ..... X X X X Extracts X X X X X X X X Extracts X X X X
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