Judgment:
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 120 of 2014 with Cont. Case (Civil) No. 47 of 2014 1. Uday Shankar Sahay, son of Late S.N. Sahay, resident of 3 Circuit House Road, Karam Toli, P.O.G.P.O., P.S. Lalpur, DistrictRanchi.
2. Shiv Kumar Ram, son of Late Jagdish Mahto, resident of Kusum Vihar, Road No.2, Morhabadi, P.O.Ranchi University, P.S.Bariatu, District Ranchi. …Petitioners Versus 1. The State of Jharkhand.
2. Sri Santosh Kumar Satpaty, son of (name not known to the petitioner) at present holding the post of Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand, Project Building, HEC, P.O.Dhurwa, P.S.Jagarnathpur, DistrictRanchi, Jharkhand. 3. Sri Shyamal Kumar Sarkar, son of (name not known to the petitioner) at present posted as the Secretary, Department of Personnel & Training, North Block, New Delhi.
4. Sri Devendra Bhushan Gupta, son of (name not known to the petitioner) at present posted as the Secretary, Union Public Service Commission, Dholpur House, New Dehli. ….Opposite Parties [in Cont. Case (Civil) No. 120 of 2014] with Umesh Mehta, son of Surat Mahto, resident of P.H.E.D. Colony, Booti Road, Post Office & Police StationBariyatu, DistrictRanchi, Jharkhand. …Petitioner Versus 1. The State of Jharkhand.
2. Sri Santosh Kr. Satpaty, son of (name not known to the petitioner) at present holding the post of Principal Secretary, Personnel, Administrative Reforms and Rajbhasha Department, Gov. of Jharkhand, Project Building, HEC, Post Office & Police StationDhurwa, DistrictRanchi, Jharkhand. 2.
3. Sri Shyamal Kr. Sarkar, son of (name not known to the petitioner), at present holding the post of Secretary, Department of Personnel & Training, North Block, New Delhi.
4. Sri Devendra Bhushan Gupta, son of (name not known to the petitioner) at present holding the post of Secretary, Union Public Service Commission, Dholpur House, New Dehli. ….Opposite Parties [in Cont. Case (Civil) No. 47 of 2014] CORAM: HON’BLE MR. JUSTICE D.N. PATEL HON’BLE MR. JUSTICE RATNAKER BHENGRA For the Petitioner : Mr. Anil Kumar Sinha, Sr. Advocate M/s Saurav Arun, Deepak Kumar Dubey, Advocates Mr. Saurabh Shekhar, Advocate For the State : Mr. Jai Prakash, A.A.G. For the UOI : Mr. Rajiv Sinha, ASGI Mr. B.K. Prasad, Advocate For the UPSC : Mr. Faizur Rahman, Advocate 11/Dated: 15th July, 2015 Oral order: Per D.N. Patel, J.:
1. Despite the order, passed by this Court dated 20th November, 2013 in W.P.(PIL) No. 2526 of 2012, it appears from the arguments canvassed by the counsel for both the sides that the communication dated 19th October, 2013 for revalidating the vacancies of the year 2012 for Non State Civil Services posts has not been received by the Department of Personnel and Training, Government of India. 2. It appears from para 9 and 10 of the affidavit filed by the Secretary, Department of Personal and Training, Ministry of Personnel, Public Grievances and Pension, North Block, New Delhi dated 28th April, 2014, that there is inaction on the part of the State of Jharkhand. This is to be read with paragraph nos. 4 and 5 of the supplementary affidavit filed on behalf of the petitioners dated 17th September, 2014. It appears that the so called letter written by the State of Jharkhand dated 19th October, 2013 has not been received by the Department of Personnel and Training. 3.
3. For the ready reference paragraph nos. 9 and 10 of the affidavit filed by the Secretary, Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, New Delhi read as under:
“9. The issue was immediately taken up in this Department i.e. on 29.11.2013 and the matter was scrutinized in accordance with the rules and regulations applicable to the case. It was noted that the IAS (Appointment by Selection) Regulations, 1997, which govern the subject do not provide for yearwise preparation of the Selects Lists in the case of recruitment to IAS through nonSCS. Resultantly, as per the uniform procedure followed throughout the country, if it is not possible for the UPSC/Selection Committee to make selection upto 31 122013, the vacancies determined for the Select List of that year lapse. After receipt of the above mentioned order dated 20.11.2013, it was noted that as per the regulations governing the subject, the vacancies determined for the Select List of 2012 (vacancies arisen between 01.01.2011 to 31.12.2011) had already lapsed as the last date of 31.12.2012 was long over. According to the regulations, the next select list that could be prepared was of the year, 2013 (vacancies arisen between 01.01.2012 to 31.12.2012). It was also noted that out of three vacancies available for the Select List of 2013 (NonSCS) (vacancies arisen between 01.01.2012 to 31.12.2012), on vacancy was entangled with the claim of one Sh. Sateyendra Kumar Choudhary, another officer of Jharkhand belonging to nonSCS category for which a Selection Committee Meeting had taken place on 15.02.2013 to consider his case for appointment by selection to Jharkhand cadre of I.A.S. The minutes of that meeting have so far not been received from the State Government; therefore, the Department of Personnel and Training does not have further details in this regard. It has however been informed by the UPSC that the Hon'ble Central Administrative Tribunal, Patna Bench, through its order dated 15.02.2013 in CCPA No. 17/2008 in OA No. 214/2004 filed by Shri S.K. Chaudhary directed to maintain status quo in respect of one vacancy of 2004 relating to Non State Civil Services. 10. However, as this Hon'ble High Court gave directions to this department to take further necessary action in the matter of determination of the number of vacancies from NonSCS category in a time bound manner so that the timelimit of 31st December, 2013 was not crossed over, it was decided to determine the remaining 02 vacancies for the Select List of 2013 (NonSCS) (vacancies arisen between 01.01.2012 to 31.12.2012) for appointment by selection to Jharkhand cadre of IAS through DOP&T's letter No. 14015/10/2013 AIS(I) dated 11.12.2013.” (Emphasis supplied) 4. It appears that the State is not vigilant enough in sending the names or proposals for nomination for IAS Cadre from Non State Civil Services. It is argued by the counsel for the petitioners in this contempt case that since last 15 years, 03 candidates have been nominated for IAS Cadre and that too by the intervention of the orders passed by the Court/Tribunal. It further appears that every now and then defective is the communication 4. from the State of Jharkhand to the Central Government and every now and then the Central Government is asking for removing the defects in the letters written by the State of Jharkhand. For calculation of the vacancies as stated by the Department of Personnel and Training, the year starts with 1st January of the English calender and it ends on 31st December. Lethargic approach of the State of Jharkhand reveals that they are always late in giving their recommendations sometimes in August, September, October etc. and the year will be over. This is the tone of Department of Personnel and Training in paragraph nos. 9 and 10 as quoted hereinabove. 5. This is a routine and regular phenomena with the State of Jharkhand. It is now high time of the Chief Secretary of the State of Jharkhand to put his house in order. Meeting ought to have been convened immediately the year starts and the recommendations should be defect free. The Chief Secretary of the State of Jharkhand should look at the past correspondences of all these 15 years and will realise that time and again the Central Government is seeking the complete information from the State. This is how very few officers have been appointed from Non State Civil Services for their IAS Cadre. 6. Counsel for the petitioners has argued to the height that it appears that the State of Jharkhand has allergy of recommendation for I.A.S. Cadre of Non State Civil Services otherwise, there would not have every time defective recommendations and there was no need every time for the Department of Personnel and Training to give more details about their recommendations. Initially, the meeting are being convened by the State in the later part of the year. Thereafter, there will be defective recommendations. Thereafter, there will be lethargic correspondences between the Department of Personnel and Training, New Delhi and the State of Jharkhand. Time and tide wait for none. In this process, Christmas comes and thereafter, 31st December and again the same lethargic approach on the part of the State Government will be started for next year. This should have been avoided by the Chief Secretary of the State of Jharkhand by taking proper leadership of the State of Jharkhand. Every time the Court should not inform how to convene a meeting by the State of Jharkhand, how to prepare defect free recommendations etc. It is 5. high time for the State of Jharkhand to call some officers from the Central Government for coaching of the aforesaid aspect so that the defect free recommendations can be made by the State of Jharkhand for nomination for IAS Cadre from Non State Civil Services. The Chief Secretary will ask from his subordinate Secretaries that is there any year in which defect free nominations have been made by the State of Jharkhand. We expect from the Chief Secretary of the Jharkhand to file an affidavit that what steps, one by one with a time bound limit, he is prescribing so that defect free recommendations can be made by the State of Jharkhand, no sooner did the new year starts from 1st January. Earlier approach of the State was to make recommendations after half of the year is over this must be shaded forthwith. 7. The Chief Secretary of the State should also notice of the fact that the so called correspondence dated 19th October, 2013 which is referred by this Court in order dated 20th November, 2013 in W.P.(PIL) No. 2526 of 2012 which is moving like a shuttlecock between State of Jharkhand and Department of Personnel and Training, New Delhi, could have been sent by the concerned head of the recommendation committee through any Secretary. Several Officers of the State are visiting Delhi in a month if the data is collected, perhaps, there will be no less than one dozen officers. Where there is a will there is a way. Had a common sense would have been applied this error could have been avoided. Affidavit shall be filed by the Chief Secretary of the State of Jharkhand about the modus operandi to be followed by him and by his subordinates for making recommendations, in time. 8. The matters are adjourned on 18th August, 2015. 9. Registrar General of this Court is directed to send a copy of this order to the Chief Secretary, Government of Jharkhand, initially by 'FAX' and thereafter, by registered post. (D.N. Patel, J.) (Ratnaker Bhengra J.) VK