(1.) THE facts are not in dispute and thus we note the agreed statement of facts. First respondent Sh.A.K.Singh was an officer of the ,,Goa Police Service and in terms of the Indian Police Service (Appointment by Promotion) Regulations 1955 was entitled to be considered for appointment by promotion to the Indian Police Service in the Goa Quota allocable in the IPS Service pertaining to the state of Arunachal Pradesh, Goa, Mizoram and the Union Territories. On being appointed by promotion as an officer of the Indian Police Service, his seniority was liable to be fixed in accordance with Rule 3 of the ,,Indian Police Service (Regulation of Seniority) Rules 1988.
(2.) REGULATION 5 of the 1955 REGULATIONs in force till it was amended in the year 2000 when the second proviso was added thereto, reads as under:-
(3.) RULE 3(3) of the IPS (Regulation of Seniority) RULEs 1988 reads as under:-