O S SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) These two applications are directed against the judgment dated 24/5/1993 of the central Administrative tribunal in OA No. 479 of 1986, one at the instance of Union of India and the other at the instance of an employee Shri O. S. Singh. Perennial dispute of determining inter se seniority between a direct recruit and a promotee in the Indian Police Service and the ticklish issue of year of allotment has cropped up again in these two applications. The appellant, Shri O. S. Singh had joined as Deputy Superintendent of Police on 26/11/1965 after being selected by the State public service commission. The recruitment to the Indian Police Service is made under INDIAN POLICE SERVICE (Recruitment) Rules, 1954, (hereinafter referred to as "the Recruitment Rules"). Under Rule 4 thereof, recruitment is made both by competitive examination as well as by promotion of substantive member of a State Police Service. Under sub-rule (2 of Rule 6 of the Recruitment Rules, the initial appointment of person recruited to the Service under clause (a) of sub-rule (1 of Rule 4, shall be in the junior time scale of pay and under sub-rule (3 of Rule 6 the initial appointment of person recruited to Service under clause (b) of sub-rule (1 of Rule 4 shall be in the senior time scale of pay. Thus an officer of the State Police Service on being promoted is recruited in the senior time scale of pay of the Indian Police Service. Rule 9 of the Recruitment Rules provides that the central government may on the recommendation of the State government concerned and in consultation with the Commission, recruit to the Service persons by promotion from amongst the substantive member of a State Police Service in accordance with such regulation as the central government after consultation with the State government and the Commission from time to time make. In pursuance of sub-rule (1 of Rule 9 of the Recruitment Rules, the Regulation has been framed for appointment by promotion to the Indian Police Service called the Indian Police Service (Appointment by Promotion) Regulations, 1955 (hereinafter referred to as "the Promotion Regulation"). Under the IIIrd Proviso to sub-regulation (2 of Regulation 5 of the Promotion Regulations, a member of the State Police Service is entitled to be considered for being included in the Select List if he is continuing in the State Police Service on a substantive basis and has completed not less than 8 years of continuous service in the post of Deputy Superintendent of Police or any other post or posts declared equivalent thereto by the State government by the 1st day of January of the year in which the Committee meets for preparation of the Select List. The Select List which is approved by the Commission forms the Select List of the members of the State Police Service under sub-regulation (3 of Regulation 7 of the Promotion Regulations. In accordance with Regulation 9 of the said Promotion Regulations appointment to the Indian Police Service is made by the central government on the recommendation of the State government in the year in which the names of the members of the State Police Service appeared in the Select List. for the time being in force. The name of Shri 0. S. Singh had not been included in the Select List prepared during 1974 to 1976, as some adverse remarks were there against him in the CR though one of his juniors in the State Police Service Shri Kali Charan was included in the Select List on 12/7/1974. On a representation being filed for expunction of the adverse remarks by the appellant Shri 0. S. Singh, the government expunged the same on 1/1/1976. Said Shri Singh was allowed to officiate agait a senior post in Indian Police Service with effect from 30/8/1978 after he was brought on to the Select List in the year 1977. As his case had been overlooked for being brought on to the Select List during 1974- 1976 on the basis of certain adverse entries and the adverse entries stood expunged by the government, a writ petition was filed in the year 1984 in Himachal Pradesh High court seeking mandamus to the State government to reconsider the case of Shri Singh. The said writ petition was registered as Civil Writ Petition No. 661 of 1984. By an interim order dated 18/12/1984 the High court directed that the competent authority would re-examine the case of Shri 0. S. Singh in the light of the decision of this court in Amar Kant Choudhary v. State of Bihar. The State government intimated the High court on 1 1/3/1985 that the Selection Committee has reconsidered the case of Shri O. S. Singh and necessary recommendation is being made to the Union government for appropriate orders. The High court, therefore, directed that the final decision be taken in the case of Shri O. S. Singh on the recommendation of the Selection Committee. On 5/7/1985, the Standing Counsel appearing for the Union of India intimated the court that the government of India has taken the decision to appoint Shri O. S. Singh to the Indian Police Service with effect from 31/3/1976 and that his seniority will be determined accordingly. In view of the aforesaid decision of the government of India the writ petition filed by Shri Singh becameinfructuous and was withdrawn with the liberty to approach the court again, if any part of the relief is not finally granted. The government of India by its letter dated 23/7/1985, intimated Shri O. S. Singh that his year of allotment under Rule 3 (3) (b) of the INDIAN POLICE SERVICE (Regulation of Seniority) Rules, 1954, (hereinafter referred to as "the Seniority Rules") is 1970 and the inter se seniority of the officers was also indicated therein whereunder Shri Singh was shown senior to Shri Ashwini Kumar, Respondent 4 in Special Leave Petition No. 5394 of 1993. The said Respondent 4 filed an application before the central Administrative tribunal, Principal bench, New Delhi, challenging the aforesaid order of the government of India dated 23/7/1985. The tribunal having quashed the aforesaid order of the government of India and having directed to place Shri Ashwini Kumar above Shri Singh in the Seniority List of INDIAN POLICE SERVICE officers in the State of Himachal Pradesh, the two Special Leave Petitions have been filed, as already stated. The tribunal on an analysis of the provisions of the Seniority Rules, more particularly Rule 3 (3) (b) thereof came to the conclusion that Shri Singh having started continuous officiation in the senior post on 30/3/1978, his year of allotment must be determined by finding out who was the juniormost officer recruited to the service in accordance with Rule 7 who officiated continuously in a senior post from a date earlier than Shri Singh. He having found that Shri Ashwini Kumar was the juniormost officer amongst the direct recruits who had officiated continuously in a senior post earlier to 30/3/1978, the year of allotment of Shri Singh must be determined according to the year of allotment of Shri Ashwini Kumar. And as such, the tribunal held that it must be 1973. Consequently, the tribunal held Shri Ashwini Kumar to be senior to Shri Singh.