TaxTMI 
TaxTMI 
1996 (10) TMI 475
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....ion from amongst the substantive members of a State Civil 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 fo....
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.... the period of twelve months, commencing from the date 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 comple....
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....sp; X X (6) The list so prepared shall be reviewed and revised every year. (7) X X X During the period 1980 to 1986 several amendments were made in the Regulations. In clause (1) for the words "10 percent" the words "5 percent" were substituted. In clause (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....
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.... requirement prescribed in sub-regulation (1) of Regulation 5 regarding the Committees writing at intervals not exceeding one year and preparing a list of such members of the State Civil Service who are suitable for promotion to the Services was a mandatory requirement which had to be followed. The earlier decisions of this Court also lend support to this view. In Union of India v. Mohan Lal Capoor & Ors.,1974 (1) SCR 797, this Court was construing Regulations 4 and 5 of the Indian Administrative Service/Indian Police Service (Appointment by Promotion) Regulations, 1955, as they stood at that time. The provisions 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 o....
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.... "......since the preparation of the select list is the foundation for promotion and its omission impinges upon the legitimate expectation of promotee officers for consideration of their claim for promotion as IPS officers, the preparation of the select-list must be constructed to be mandatory. The Committee should, therefore, meet every year and prepare the select-list and be reviewed and revised from time to time as exigencies demand." [p. 586] "Unless the select-list is made annually and reviewed and revised from time to time, the promotee officers would stand to lose their chances of consideration for promotion 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, t....
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.... for the years 1980-1986. If, as a result of such adjustment the vacancies of a particular year/years are completely filled, then no further action is to be taken in respect of the vacancies for that/those year/years. If after such adjustment the vacancies of a particular year/years are not completely filled, steps will have to be taken to prepare notional Select List/Lists for the vacancies of that/these year//years separately from amongst State Civil Service officers who are eligible and fall within the zone of consideration for selection in respect of the vacancies of the particular year. If the name of the respondent 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 ....