ANAND PARKASH SAKSENA versus UNION OF INDIA & ORS.

ANAND PARKASH SAKSENA versus UNION OF INDIA & ORS.

Appointment of non-cadre officers to cadre (senior) posts under the relevant rules does not amount to withholding of promotion or penalty nor does it violate the petitioner’s rights if no junior is promoted ahead; the computation of promotion and direct recruitment quotas, as well as seniority assignment between different categories, follows statutory rules and is not arbitrary or in violation of Articles 14 or 16 of the Constitution.

Parties
Petitioner: Anand Parkash Saksena; Respondent No. 1: Union of India; Respondents: Respondents Nos. 2 to 18
Jurisdiction
India
Judgment Date
14 December 1967
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Supreme Court Original Jurisdiction Final Judgment
Outcome
Petition dismissed
Legal Topics
Seniority and Promotion in Indian Administrative Service, Interpretation of All India Services Rules, Discrimination Under Articles 14 and 16
Administrative Law Service Law Constitutional Law Seniority and Promotion in Indian Administrative Service Interpretation of All India Services Rules Discrimination Under Articles 14 and 16

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Anand Parkash Saksena

Petitioner

Union of India

Respondent No. 1

Respondents Nos. 2 to 18

Respondents

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Supreme Court Original Jurisdiction Final Judgment

Legal Issues

  1. 1 Whether the filling of senior scale posts by non-cadre officers amounted to withholding of promotion or penalty under All India Services (Discipline and Appeal) Rules, 1955.
  2. 2 Whether 75% of senior posts were exclusively reserved for direct recruits and the computation of 25% quota for promotions included special recruits and officers from Lists II and III.
  3. 3 Whether rule 4(3) of the IAS Recruitment Rules, 1954 suffered from excessive delegation.

Ratio Decidendi

Appointment of non-cadre officers to cadre (senior) posts under the relevant rules does not amount to withholding of promotion or penalty nor does it violate the petitioner’s rights if no junior is promoted ahead; the computation of promotion and direct recruitment quotas, as well as seniority assignment between different categories, follows statutory rules and is not arbitrary or in violation of Articles 14 or 16 of the Constitution.

Court Disposition

Petition dismissed

Orders

  • No order as to costs