Rupesh Kumar Meena v. Union of India & Ors.
Cadre allocation under the Civil Services attains finality once made; a candidate cannot, after long delay, claim an ‘insider’ vacancy merely because seniors declined or did not join.
Background
The appellant, an IPS officer of the 2004 batch (ST category), was duly allocated the Tamil Nadu cadre. An ‘insider’ vacancy in the Rajasthan cadre for the same batch arose when a senior candidate (Rishikesh Meena) declined to join and another senior candidate (Rajesh Kumar) litigated for the vacancy but subsequently joined the IAS, rendering his claim infructuous. Nearly six years later, the appellant—third in the merit order—claimed entitlement to the Rajasthan ‘insider’ vacancy. The Central Administrative Tribunal and the Delhi High Court rejected the claim.
Issues Framed
Whether an IPS officer, already validly allocated a cadre, can seek re-allocation to an ‘insider’ vacancy years later on the ground that candidates senior in merit did not accept or ultimately did not occupy that vacancy.
Court’s Reasoning
Cadre allocation is an integral part of the selection process and must attain finality. Once a candidate is validly allocated a cadre, subsequent non-joining or withdrawal by seniors does not create an open-ended right for juniors to seek re-allocation.
The vacancy pertained to the 2004 batch, whereas the appellant asserted his claim only in 2010. Allowing such belated claims would render cadre allocation perpetually fluid, unsettling settled positions and triggering a chain reaction of re-allocations across cadres.
Even if seniors decline an insider vacancy, a junior does not acquire an automatic or vested right to claim it, particularly after long lapse of time and after having served in another cadre for decades.
The earlier Tribunal order in favour of Rajesh Kumar was expressly left non-precedential by the High Court, with the legal issue kept open. It could not be relied upon to claim parity or enforce a similar outcome.
Decision
The appeals were dismissed. The Court upheld the Tribunal and High Court decisions, refusing to direct any change in the appellant’s cadre allocation.
Ratio
A civil services cadre allocation, once validly made, cannot be reopened after long delay merely because senior candidates declined or did not occupy an ‘insider’ vacancy; juniors acquire no vested right to such vacancy, and administrative finality must prevail.
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