Last Updated on March 2, 2018 by Legalseva.net
IAS (Appointment by Promotion ) Regulation Act 1955 and IAS cadre rule 1954 are the applicable rules and regulations.
CAT Tribunal is entrusted with dealing service matters of government employees.
The state cadre employee once finishes 20 years can be elligible for IAS Cadre of the state for vacancies arising in the present year. The post is filled with coordination from Union Government, State Government , UPSC and concerned cadre.
Union Government issues letter for determining posts in the current year to chief secretaries of state to recommend names for promotion to IAS from state cadre.
Also read – Service Matters in Labour Court CAT Tribunal and High Court
If the applicant fulfills the criteria of 20 years in his state civil service cadre, State must recommend his name or the applicant can file an ordinary application (OA) in Central Administrative Tribunal (CAT ) Chandigarh for directions to Union Government, State Government and present Cadre to consider his name for the post arising out of said time period in question. The State government usually considers the list of probable candidates and then forward the names to review Selection committee who selects the candidates in a meeting. UPSC has to consider the entire list of applicants based on experience, and then give consequential benefits. The confidential reports of the candidates are also seen while giving promotions to IAS cadre for PCS and HCS officers.
The current situation is of Virender Kumar Dahiya, Haryana Civil Services (HCS) cadre who is currently Additional Transport Commissioner in Haryana who has completed 20 years of service and now seeks elevation to IAS, Haryana for vacancies arising in the period of Jan 2017 to Dec 2017.
Also read- Central Administrative Tribunal (CAT) Chandigarh
For now the CAT Tribunal Chandigarh has issued notices to all concerned as referred above and sought for reply by March 14.
The matter has reached to Tribunal as State Government is not interested in determining the vacancies for IAS in said period and the applicant Mr. Kumar has sought directions from tribunal to Union Government, State Government and concerns department to take action within a specified time frame.
Also read- Seniority Granted from the Back Date by CAT Chandigarh
For service related matters to IAS, PCS and HCS posted anywhere in Haryana, Punjab and Chandigarh, CAT Tribunal Chandigarh has jurisdiction to entertain matters.
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