Delhi High Court Ruling on All India Service Cadre Allocation Policy
Court Decision on Cadre Allocation
The Delhi High Court has ruled that officials seeking allocation in their home state under the All India Service cadre allocation policy must explicitly indicate their home state as their top priority. Merely expressing a desire to serve in their home state or listing it as a lower priority does not create any enforceable rights. This decision came as the court overturned an order from the Central Administrative Tribunal (CAT), emphasizing that cadre allocation must strictly adhere to the order of priority and policy guidelines, and cannot be altered by creating additional posts.
Details of the Case
Justices Naveen Chawla and Madhu Jain accepted a writ petition filed by the central government, challenging CAT's 2014 directive that allocated a cadre to an Indian Forest Service (IFS) officer by creating additional posts in Rajasthan. The officer, who joined the IFS in 2010 after passing the 2009 examination, had listed Rajasthan as his sixth preference, with Himachal Pradesh as his first.
Court's Findings
The High Court noted that although the officer expressed interest in being considered for his home state, his final confirmed preference list placed Rajasthan sixth. The bench stressed that under the cadre allocation policy, candidates are assigned to cadres based on merit, preference, and available vacancies 'when their turn comes.' The policy does not permit ignoring a candidate's stated preferences simply because an internal vacancy exists.
Interpretation of Policy Articles
Interpreting Articles 5 to 8 of the policy, the court stated that internal vacancies should first be filled by candidates who have designated their home state as their first choice. Only if such vacancies remain unfilled can the adjustment mechanism for internal vacancies be applied. Once this process is completed, any remaining internal vacancies are treated as external vacancies and filled based on the qualifications and preferences of the remaining candidates.