GANGBIR SINGH Vs. UNION OF INCITE

JUDGEMENT

(1.) By this writ petition Gangbir Singh, an officer of the Indian Police Service (I. P. S. or Service), challenges his year of allotment.

(2.) Though there was an Indian Police Service Cadre, the posts of Superintendents of Police of Himachal Pradesh were not included in the Cadre till 1962. Before the inclusion of these posts in the Cadre, these were filled on officiating basis by selections made by a Departmental Promotion Committee set up by the Central Government m consultation with the Union Public Service Commission (referred to as the Commission). The petitioner, who was working as Deputy Superintendent of Police since 18th April 1955, was selected for promotion to the grade of Superintendent of Police. The selection was duly approved by the Commission. The petitioner was, therefore, appointed "as officiating Superintendent of Police, Border" (Annexure -B). He took status and responsibility to those of Superintendents of Police of Delhi included in Schedule III to the Indian Police Service (Pay) Rules, 1954 (referred to as the Pay Rules) by an order dated 15th October, 1958.

(3.) The petitioner continued to work as Superintendent of Police, Border, till 10th May, 1961. Ho held the post of Superintendent of Police, Mandi, from 18th May, 1961 to 14th May, 1963. Thereafter he went on deputation with the Ministry of External Affairs and was appointed as Area Organiser, S. S. B., Mahasu. He held this post from 16th May, 19o3 to 31st October, 1965. On 9th July, 1965 he was brought on the Select List of the Delhi and Himachal Pradesh Police officers suitable for promotion to the Service in accordance with Indian Police Service (Appointment by Promotion) Regulations. He was appointed to the Indian Police Service on 15th July, 1966 and is now working as Divisional Organiser, S. S. B., Punjab, Himachal Pradesh, Jammu and Ladakh Division, Simla. By a letter dated 23rd August, 1968 (Annexure -1) the petitioner was conveyed the decision of the Government of India, Ministry of Home Affairs, dated 1st August, 1968 fixing 1961 as his year of allotment under Indian Police Service (Regulation of Seniority) Rules, 1954. The petitioner represented against this decision. By an order dated 12th September, 1973 (Annexure -J) the petitioner was re -allotted to the year 1960. The petitioner challenged the re -allotment and his representation was rejected on 15th July, 1975 (Annexure -K). A memorial dated 7th July, .978 under Rule 25 of All India Services Disciplne and Appeal) Rules, 1965 was submitted by the petitioner to the President of India. Since the petitioner did not get any reply to his memorial even after waiting for more than three years, the petitioner filed the present writ petition in September, 1981. When the matter came up for admission, it was impressed upon the Union of India to take a decision on the memorial within the next six weeks. When the matter again came up in November, 1981 the Court was informed that the Central Government has taken a tentative decision revising the seniority of the petitioner and assigning him 1935 as the year of allotment but no final decision could be taken unless the officers affected by the same were heard. Ultimately on 23rd February, 1982 during the pendency of the writ petition, the petitioners memorial was rejected.