STATE OF RAJASTHAN Vs. SHIV KUMAR SHARMA

JUDGEMENT

(1.) THE defect is waived. In view of the urgency of the matter as expressed by the learned counsel for the parties, the matter has been taken up for final hearing today. Undisputedly, respondent No. 1 Shiv Kumar Sharma who is member of Rajasthan Police Service (for short `rps' retired on 31. 3. 1999 on attaining the age of superannuation of 58 years. Though, his candidature was considered by the Selection Committee for preparation of the Select List for promotion to the cadre of IPS Officers for the year 1991-92 but since his name could not be included in the select list due to statutory limits as regards the size of the select list, however his name did figure at Sr. No. 1 of the select list against the vacancies of the year 1993-94 at Sr. No. 3 of the said list. Since the respondent had retired on attaining the age of superannuation of 58 years as aforesaid, his name could not be recommended by the State Govt. to the Central Govt. for appointment to the IPS cadre as per the select list for the year 1993-94 though his name was recommended for inclusion on the recommendations of the Selection Committee.

(2.) HOWEVER, we sought clarification from the learned counsel appearing for the State as well as the Central Government to which we have been informed that though the respondent's name was recommended for inclusion in the select list and it was done accordingly but since a formal notification for appointment could not be issued for the reason that the respondent had retired on attaining the age of superannuation from the State Police Service therefore, his name could not be included in the notification. In the State Police Service the age of superannuation is 58 years whereas in the Indian Police Service the age of superannuation is 60 years. Regulation 9 (1) of the IPS (Appointment by Promotion) Regulations, 1955 stipulates, thus:- " Appointment of members of the State Police Service to the Service shall be made by the Central Government on the recommendations of the State Government in the order in which the names of members of the State Police Service appear in the Select List for the time being in force. "

(3.) WE have been informed that on the basis of the application moved by the State of Rajasthan before the learned Tribunal in OA No. 435/2000 the learned CAT, Jaipur Bench vide its order dt. 24. 11. 2000 had extended time for compliance of the order by four days. By another order dt. 28. 11. 2000, the learned Tribunal extended the time for compliance till 5. 00 PM of November 29, 2000 which would lapse today itself.