COMMISSIONER OF POLICE Vs. SUNIL KUMAR

JUDGEMENT

(1.) A common question of law arises for consideration in the above captioned writ petitions regarding interpretation of Rule 19(ii) of the "Delhi Police (Promotion & Confirmation) Rules, 1980", more specifically regarding the year from which the seniority of the subordinate officers of the Delhi Police would be reckoned, upon promotion under Rule 19(ii). The Rule reads as under:-

(2.) Vide order dated May 10, 2006, a Full Bench of the Central Administrative Tribunal held as under:-

(3.) The issue was later on referred to a larger (5 Judge) Bench of the Tribunal, which, vide order dated March 24, 2011 passed in OA No. 2047/2006 and OA No. 2612/2005 held that the correct interpretation of the rule implied that the officers promoted, out of turn in any year, shall be placed for the purposes of seniority at the bottom of the Promotion List of the year in which out of turn promotion is given. In so holding the Tribunal, relied upon the decision reported as Gujrat Urja Vikas Nigam Ltd. V. Essar Power Ltd, 2008 3 Scale 469 to interpret the language of Rule 19(ii) of the Delhi Police (Promotion & Confirmation) Rules, 1980 holding the same to be clear and unambiguous regarding the interpretation of the expression "that year", to in fact alluding to the year in which the official is granted the out of turn promotion and not the year in which the eligibility lists are prepared.