UNION OF INDIA ETC. vs G.N. TIWARI, K.L. JAIN & ORS.

The Supreme Court ruled that a member of the State Civil Service (Executive) who is temporarily appointed to a senior post under Rule 9 of the Indian Administrative Service (Cadre) Rules, 1954, is entitled to have their continuous officiation counted for the purposes of seniority and year of allotment. The Court held that prior approval from the Central Government is not a condition precedent for valid appointment under Rule 9, and that continuous officiation from November 10, 1975, must be recognized for seniority under Rule 3(3)(b) of the Seniority Rules. The High Court's decision to assign the respondent 1971 as the year of allotment was upheld.