C.M. Thri Vikrama Varma vs Avinash Mohanty & Ors

2. The facts very briefly are that in the Civil Services Examination, 2004 conducted by the Union Public Service Commission, Avinash Mohanty and Vikrama Varma amongst others were selected for appointment to the Indian Police Service (for short `the IPS') and were offered appointments to the IPS in 2005. By notification dated 19.01.2006 of the Government of India, Ministry of Home Affairs, the candidates who had been selected and appointed to the IPS on the basis of the results of the Civil Services Examination, 2004 were allocated to different State cadres. By this notification, Avinash Mohanty, who had secured the 45th rank in the Civil Services Examination, 2004 was allocated to the Chhattisgarh cadre, whereas Vikrama Varma, who had secured 201st rank in the Civil Services Examination, 2004 was allocated to the Andhra Pradesh cadre. Avinash Mohanty made representations to the authorities against his allotment to the Chhattisgarh cadre and claimed that he should have been allocated to the Andhra Pradesh cadre. When his representations did not yield any results, Avinash Mohanty filed O.A. No. 286 of 2006 before the Central Administrative Tribunal, Hyderabad 3 Bench (for short `the Tribunal') on 03.05.2006 contending that the guidelines and norms in the letter dated 31.05.1985 of the Secretary, Government of India, Ministry of Personnel and Training (for short `the letter dated 31.05.1985') have not been followed while making the allocations and the allocation of Vikrama Varma to the Andhra Pradesh cadre was arbitrary and in his place he should have been allocated to the Andhra Pradesh cadre.

After considering the pleadings of the parties and hearing learned counsel for the parties, the Tribunal by its order dated 24.11.2006 dismissed the O.A. Aggrieved, Avinash Mohanty filed Writ Petition No. 458 of 2007 under Article 226 of the Constitution before the Andhra Pradesh High Court and by the impugned judgment, the High Court allowed the Writ Petition, quashed the allocation of the Vikrama Varma to the Andhra Pradesh cadre and directed the Union of India to reconsider the allocation of Avinash Mohanty and Vikrama Varma in accordance with law.

(3) Allocation of 'insiders', both men and women, will be strictly according to their ranks, subject to their willingness to be allocated to their home States (4) Allocation of 'outsiders', whether they are general candidates or reserved candidates, whether they are men or women, will be according to the roster system after placing 'insiders' at their proper places on the chart as explained below:

(vi) For the succeeding year, the State cadres should be arranged again in alphabetical order but with Group I of the previous year at the bottom, i.e., the arrangement will begin with Group II on top. In the third year, Group III will come on top and so on

We are also of the considered opinion that the impugned order of the High Court quashing the allocations of Vikrama Varma and Avinash Mohanty and directing reconsideration of their allocation will not have cascading effects on the service because the High Court has quashed the allocation of only two members of the IPS, namely, Avinash Mohanty and Vikrama Varma, and not of other members of the IPS and directed reconsideration of their allocation.

15. We, therefore, do not find any merit in these appeals and we dismiss the same and vacate the interim orders staying the operation of the impugned judgment. No order as to costs.