R.L. BHAGAT Vs. UNION OF INDIA

JUDGEMENT

(1.) THERE has been all along relentless focus, in the law announced from time to time at the level of the Hon'ble Apex Judicial dispensation and other adjudicatory forums constitutionally authorized in the relevant behalf, to stress the immediacy of the need to institutionalize the methodology of early ironing out of the intra -service creases pertaining to the seniority. The stress would be all the more needed, if the subjects are members of a disciplined force. Litigating Members of the Force or the likes of them, unsure of their placement in the seniority or the denial of what they perceive to be their due, would appear to live in a vestibule of un -certainty. The vicissitudes of uncertain hierarchical movements, psychologically and practically tyrannical in character, have their toll on the psyche of the incumbents, we do feel. The applicants, as also the private respondents, were directly recruited as Deputy Superintendents of Police ("DSP" for short) at the same selection process held in the year 1985. Their consideration for induction into Indian Police Service ("IPS" for short), at the hands of the selection committee constituted under Regulation 3 of the Indian Police Service (Appointment by Promotion) Regulations, 1995 came about in the year 1995. The minutes of the Committee exercise were circulated on 7.3.1995. Though the inter -se placement of the applicant and the private respondents was at Sr. No. 4, 6, 5, 8, 9, 10 and 12 respectively, all of them were given 1991 as the year of allotment. The determination of that placement and the year of allotment came about in terms of Rules 3 and 4 of the Indian Police Service (Regulation of Seniority) Rules, 1988.

(2.) THE applicant was confirmed, as a Member of the IPS, w.e.f. 25.7.1996. The confirmation of the private respondents came about, vide Gazette Notification dated 29.10.1998.

(3.) THE applicant and also the private respondents were promoted as Deputy Inspector Generals of Police, vide orders dated 24.4.2006.