SC dismisses appeal of IAS officer of Uttar Pradesh cadre

New Delhi, May 17 (UNI) The Supreme Court has held that appointment of state cadre Indian Administrative Service (IAS) for the post of additional secretary/secretary to the government of India does not amount to promotion.

A bench comprising Mr. Justices B.N. Srikrishna and Lokeshwar Singh Panta vide judgment dated May 11 while dismissing the appeal of appellant Satya Narain Shukla, an IAS officer of Uttar Pradesh Cadre challenging exclusion from the panel of the officers to be considered for the post of additional secretary/secretary to the government of India,ruled that non-empanellment of the appellant for the post of additional secretary/secretary to the union government was neither arbitrary nor contrary to the rules nor vitiated by malafides as alleged.

The court also upheld the validity of the provisions of the Central staffing scheme including para 14 thereto .

The apex court set aside the part of the Allahabad high court judgment holding that the empanellment to the post of secretary/additional secretary to the government of India amounted to promotion and directing consideration of the appellant's case afresh for empanellment.Shukla is 1967 batch IAS officer. Union of India has also filed a cross appeal against the high court judgment.

The Special Comittee of Secretaries (SCoS)in Sept. 1999 after considering the record of the appellant did not include his name in the panel of officers to be considered for the post of additional secretary/secretary to the government of India.

UNI AKS/SC RP KN1907