TRIBHUVAN NATH BHARGAVA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Tribhuvan Nath Bhargava, is an Assistant Inspector General of Police (CID) Bhopal. He is 46 years of age. He is a member of the Indian Police Service. He was directly recruited to that service. He appeared in a competitive examination in 1953. He was successful. He was appointed to the Service on February 1, 1955. He was allotted to the cadre of the erstwhile State of Madhya Bharat. According to Rule 3(3)(a) of the Indian Police Service (Regulation of Seniority) Rules 1954 (the Seniority Rules) the petitioner was assigned 1954 as the year of allotment.

(2.) Subsequently the petitioner was confirmed in Service with effect from February 1, 1957. There was a reorganisation of States and the petitioner was allotted to the cadre of the newly created State of Madhya Pradesh. Since then he is working there in the Indian Police Service.

(3.) On February 25, 1974, the Government of India, respondent No. 1, made an order whereby they fixed inter se, seniority of 15 officers which included direct recruits and the State promoted officers. The petitioner was one of them. He was shown at No. 14. Nine State promoted officers were placed above him in the order of seniority. These nine State promoted officers are respondents 2 to 10. They were appointed to the Indian Police Service in 1959, 1960, 1961 and 1962. They are all post-1958 appointees. Respondents 2 to 5 were appointed in 1959, respondents 6 and 7 in 1960, respondents 8 and 9 in 1962 and respondent No. 10 in 1961. The State promoted officers were also assigned 1954 as the year of allotment.