D RADHAKRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) This appeal by special leave arises from the order of the central Administrative tribunal, Madras bench made on 23/1/1995 in OA No. 3 of 1992. The admitted position is that the appellant was appointed to Tamil Nadu State Police Services by direct recruitment on 7/10/1979. He was transferred and posted as DCP, Law and Order, Madras (South) which is a cadre post, w. e. f. 27/ 7/1980 and ever since he had been continuously officiating in the cadre post. He was included in the select list, for the first time, on 26/10/1979 approved by the UPSC on 12/12/1979. The same list was continued for the year 1980. But in the select list for the year 1981, he was not included for want of requisite vacancy allotable to the State cadre. Consequently, he came to be included again on 16/12/1982 in the select list approved by the UPSC on 28/3/1983. When his seniority was determined, the order of allotment indicated that 1978 was fixed as his year of allotment. He questioned the correctness thereof on two grounds, namely, his non-inclusion in the list for the year 1981 was bad in law; he alsocontended that since he was continuously officiating from 1980 and was included in the select list for the first time in the year 1979, his year of allotment should be 1980. Both the contentions were negatived by the tribunal. The question for consideration, therefore, is whether the tribunal is right in its conclusion Rule 3 (3 of the INDIAN POLICE SERVICE (Regulation of Seniority) Rules reads as under: