S RAMANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) In these appeals as well as the writ petition, filed under Article 32 of the Constitution of India, a common question of law arises for consideration. The appellants are State Police Service Officers, who have been promoied to the Indian Police Service. The sole grievance of theirs in these matters is that inaction on the part of the Competent Authority to have triennial review, whether entitles the appellants to have a mandamus from the Court to have a review, in accordance with law and the consequential directions for reconsideration of the appellants for promotion to the post of Indian Police Service from an anterior date.

(2.) The tribunal in the impugned judgment, though came to the conclusion that there has not been a triennial review for re-determination of the cadre strength, in accordance with the statutory provisions, but refused to issue mandamus, on a finding that no prejudice thereby has been caused to the appellants, and as such the appellants are not entitled to the issuance of mandamus from the Court.

(3.) The Central Government, in consultation with the State Governments as well as the Union Public Service Commission, made the Regulation in exercise of powers under subrule (1) of Rule 9 of the Indian Police Service (Recruitment) Rules, 1954 [hereinafter referred to as 'the Recruitment Rules'] and a set of Regulations called the Indian Police Service (Appointment by Promotion) Regulations, 1955 [hereinafter referred to as 'the Promotion Regulations']. The Central Government also in exer- cise of powers conferred under sub-section (1) of Section 3 of the All India Services Act, 1951 [hereinafter called 'the Act'] in consultation with the State Governments, framed a set of Rules called the Indian Police Service (Cadre) Rules, 1954 (hereinafter referred to as 'the Cadre Rules]. Rule 4 of the Cadre Rules, defines the strength of the cadre to mean :