UNION OF INDIA versus DR. M.G. DIGHE AND ORS.

UNION OF INDIA versus DR. M.G. DIGHE AND ORS.

The 12-month period under Regulation 5(1) should be counted from March 16, 1989, the date the select list was properly prepared; vacancies during this period were 11, necessitating a select list of 22 officers and expansion of the consideration zone. For age eligibility under Regulation 5(3), the relevant date is January 1, 1988, because the committee first met in December 1988.

Parties
Appellant: Union of India; Respondents: Dr. M.G. Dighe and Ors.
Jurisdiction
India
Judgment Date
27 August 1991
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed.
Legal Topics
Indian Administrative Service (appointment by Promotion) Regulations, 1955, Regulation 5(1), (2), (3) Interpretation, State Civil Service Promotion, Select List Preparation, Zone of Consideration
Service Law Indian Administrative Service (appointment by Promotion) Regulations, 1955 Regulation 5(1), (2), (3) Interpretation State Civil Service Promotion Select List Preparation Zone of Consideration

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Parties

Union of India

Appellant

Dr. M.G. Dighe and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Proper calculation of the 12-month period under Regulation 5(1)
  2. 2 Computation of anticipated vacancies for select list
  3. 3 Applicability of Regulation 5(3) regarding age eligibility

Ratio Decidendi

The 12-month period under Regulation 5(1) should be counted from March 16, 1989, the date the select list was properly prepared; vacancies during this period were 11, necessitating a select list of 22 officers and expansion of the consideration zone. For age eligibility under Regulation 5(3), the relevant date is January 1, 1988, because the committee first met in December 1988.

Court Disposition

Appeal dismissed.

Orders

  • Review Departmental Promotion Committee/Selection Committee to meet and prepare select list within two months from receipt of writ.
  • No order as to costs.