GOPABANDHU BISWAL Vs. KRISHNA CHANDRA MOHANTY

JUDGEMENT

(1.) The appellant in Civil Appeal No. 3451-3455 of 1995, Gopabandhu Biswal, was in military service prior to November 1972. After his release from military service, he applied for the post of Assistant Commandant in the Orissa Military Police pursuant to an advertisement published by the Orissa Public Service Commission inviting applications from ex-military officers. He was selected and appointed as Assistant Commandant in the Orissa Military Police pursuant to the Advertisement. The appellant qualified in the departmental examinations and was confirmed as Assistant Commandant with effect from 15-11-1975. Thereafter, according to the appellant, though he was eligible for consideration for promotion to the Indian Police Service cadre, he was not considered for promotion to the Indian Police Service (I.P.S.) cadre. Because according to the respondents, only Deputy Superintendents of Police in the Orissa Police Force were eligible for promotion to the I.P.S. cadre. The appellant filed a writ petition in the Orissa High Court in 1982 praying for a writ of mandamus to consider him for promotion to the I.P.S. cadre. The Central Administrative Tribunal, Cuttack Bench, to which his petition was transferred after coming into force of the Administrative Tribunals Act, 1985, held that the post of Deputy Superintendent of Police and Assistant Commandant of the Orissa Military Police constituted a single cadre prior to 5th of November, 1980. His application was, therefore, allowed by the Central Administrative Tribunal by its judgment and order dated 24-12-1991. The Tribunal gave a direction that his case should be considered for promotion with effect from 1-1-1977 in respect of each year beginning therefrom till January 1980. After 4th of November, 1980, the appellant, if he is not promoted earlier, does not deserve further consideration because the post of Assistant Commandant was bufurcated into a separate cadre with effect from 5-11-1980.

(2.) In the appellant's said application before the Tribunal which was re-numbered as T.A. No. 1 of 1989 the respondents were the union of India, the State of Orissa and 25 other respondents who had superseded the appellant for promotion to the Indian Police Service.

(3.) The State of Orissa and two other respondents filed S.L.P. (C) No. 7479 of 1992 for the purpose of challenging the decision of the Tribunal dated 24-12-1991 in the appellant's T.A. No. 1 of 1989. By its order dated 3-8-1992, the special leave petition was dismissed by this Court.