STATE OF RAJASTHAN Vs. FATEH CHAND SONI

JUDGEMENT

(1.) The common question which falls for consideration in these appeals is whether seniority in the Selection Scale in the Rajasthan Police Service (for short 'the Service') is to be fixed on the basis of date of appointment to the Selection Scale or on the basis of seniority in the Senior Scale irrespective of the date on which appointment is made to the Selection Scale.

(2.) Recruitment to the posts in, and conditions of service of persons appointed to the Service is governed by the Rajasthan Police Service Rules, 1954 (hereinafter referred to as 'the Rules'). Originally, the Service consisted of posts in the Ordinary Time Scale and Posts in the Senior Scale as indicated in Schedule I to the Rules. In 1966, Schedule I to the Rules was amended and out of the posts in Senior Scale, 3 posts were kept for officers drawing pay personally in Selection Grade. In 1974 the number of posts in the Selection Scale was increased to 14 and in 1978 it was increased to 19. In 1985 the said number was increased to 30. By virtue of notification dated 19-4-1988/20/4/1988 issued under Rule 6 of the Rules, the posts in theservice fall in four scales, viz. , Junior Scale, Senior Scale, Selection Scale and Superintendent Scale. The number of posts in the Selection Scale was reduced from 30 to 22 and 8 posts were placed in the Super Time Scale.

(3.) Km Badam Bairwa and Hari Ram Meena (appellants in Civil No. 4313 of 1994 and Kundan Lal Sharma (appellant in Civil No. 4312 of 1994 and Fateh Chand Soni (Respondent 1 in the appeals) were all appointed to the Service by direct recruitment and were promoted to the Senior Scale. In the Senior Scale Respondent 1 was senior to the said appellants. On the basis of recommendations made by the Selection Committee constituted under Rule 32 of the Rules all these three appellants were promoted to Selection Scale by order dated 27/4/1989. The said appointment of these appellants was on the basis of seniority-cum-merit. The said order dated 27/4/1989 has been described as promotion order. Km Badam Bairwa and Hari Ram Meena were appointed to the Selection Grade on posts reserved for the Scheduled Castes and the Scheduled Tribes. Respondent 1 was appointed to the Selection Scale by order dated 24/1/1991. In the seniority list dated 30/6/1990 seniority in the Selection Scale was fixed on the basis of date of appointment to the Selection Scale. Feeling aggrieved by the fixation of the seniority in the said seniority list in respect of Selection Scale, Respondent 1 filed a Writ Petition (CWP No. 3939 of 1991 in the Rajasthan High court at Jaipur bench wherein he challenged the seniority list dated 30/6/1990 insofar as it related to the seniority in the Selection Scale and sought a direction for maintaining the seniority of the incumbents of the Senior Scale even after the grant of the Selection Scale. Respondent 1 also assailed the validity of Rule 8 of the Rules as well as the reservation policy dated 10/2/1975 and the 100-point roster system dated 9/7/1985 as being ultra vires Article 16 (4 of the Constitution.