NAVNEET RAJAN WASAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted. Heard the learned counsel for the parties.

(2.) These two appeals have been heard together as they arise out of a common judgment rendered by the central Administrative tribunal, Hyderabad ('tribunal' for short) disposing of two original applications (OAs Nos. 823 and 919 of 1992. Facts relevant for disposal of these appeals are as under.

(3.) Shri N. R. Wasan, the appellant herein, was appointed to the Indian Police Service (IPS) on 20/9/1980 on the basis of Civil Service Examination, 1979 and was allotted to the A. P. Cadre. In spite of his completion of 4 years of service on 19-9-1984, he was however not promoted to the senior scale on the ground that he had not passed the language test. Aggrieved by his delayed promotion he filed an application before the tribunal vide OA No. 414 of 1987 seeking redressal of his grievances. His application was allowed by the tribunal by its order dated 13/1/1988 with a direction to the government of India to consider him for promotion to the senior scale on completion of 4 years of service in the junior scale subject to the conditions prescribed in the Rules, without insisting on passing of the language test. Assailing the above order of the tribunal the State of A. P. filed a special leave petition in this court which was dismissed on 18/2/1991. Thereafter the government of India decided to implement the direction of the tribunal but as its implementation was to affect the seniority of nine promotee officers including Respondents 4, 5 and 6 herein, (R-4, R-5 and R-6 for short) , in that, their year of allotment was to be changed from 1979 to 1980 they were asked to show cause against the proposed revision of the gradation list. After considering the representations submitted by those officers the government of India issued, in accordance with Rule 4 of the Indian Police Service (Regulation of Seniority) Rules, 1954, an order on 18/6/19922 whereby it allowed senior time scale to the appellant with effect from 20/9/19844 and amended the gradation list of INDIAN POLICE SERVICE Officers of A. P. so as to place him above those three respondents.