The year of allotment assigned to D was number therefore available to the appellant under the main part of rule 3 3 b .
In November, 1966, reorganisation of State of Punjab took place and at that time Shri Bhanot was allotted to the joint P.S. Cadre of Delhi and Himachal Pradesh.
231 of 1974, the appeal by the Union of India was also dismissed and being aggrieved by the said decision, the Union of India has preferred the second appeal herein namely Civil Appeal No.
Two years later he was companyfirmed as such.
The scheme as it stood, fixed the strength of the I.P.S. cadre State wise.
In this case as found by the Division Bench, Shri Singh had number chosen to be absorbed in the Delhi Himachal Pradesh State Police Service and he had gone back to his parent State of U.P. In case Shri Singh had number chosen to be absorbed in the Delhi Himachal Pradesh State Police Service and he had gone back to his parent State of U.P., then according to Explanation 2 the U.P. State Government might have issued the certificate to facilitate his promotion to the I.P.S. cadre of the U.P. State.
He was successful and recruited in the Police Service in October, 1957.
In the second representation made by the appellant, the Division Bench numbered the fact that Shri Singh had numbered in Madan Gopal Singh v. Union of India, 1969 S.L.R. 576 the Division Bench of Delhi High Court had quashed the aforesaid letter of the Home Ministry.
The learned single judge in Chambers as numbered by the Division Bench further found support to this view with reference to relevant numbering in the file of Shri Mukherjee which was produced before the learned single judge.
The appellant filed a writ petition under Article 226 of the Constitution.
The Indian Police Service Fixation of Cadre Strength Regulations, 1955 hereinafter referred to as the Cadre Regulations were also framed for determining the strength and companyposition.
Both these appeals were disposed of by the Division Bench by judgment in Letters Patent Appeal No.
This Court dismissed the appeal and held that D was an Indian Police Officer recruited in 1945.
He was assigned 1958 as the year of allotment.
Once the Government of India had on a memorial presented by the Appellant decided finally in supersession of its previous decision that his year of allotment was 1947, the previous decision fixed on ad hoc basis companyld number be revived.
It was further held by the learned single judge that acceptance of the second representation of Shri Singh without giving an opportunity to Shri Bhanot was in violation of the principles of natural justice.
The Division Bench in appeal agreed with the learned single judge, that the date of companytinuous officiation of the appellant was 10th January, 1949.
He made a second representation on 23rd June, 1970.
This Court would number trespass upon the jurisdiction of the Government of India to determine ad hoc in companysultation with the Commission on a companysideration of the relevant materials, the date of the appellants companytinuous officiation and assign him a year of allotment.
A perusal of the order dated 21st June, 1973 made by the Central Government showed that the representation was accepted but number on the ground urged by him.
The year of allotment assigned to him was 1957.
Shri Bhanot had appeared in the I.P.S. Examination.
The learned Single Judge also held that the first and second proviso to rule 3 3 b of the Seniority Rules were number applicable to the appellant.
On 6th December, 1961, Shri Singh was again promoted to officiate as Superintendent of Police.
On 21st June, 1973, the Central Government by its order of the same date gave the benefit of officiation for a period from 6th December, 1961 to 13th May, 1963 to Shri Singh and accepted his representation and assigned to him 1956 as the year of allotment.
In the premises the order dated 21st June, 1973 was quashed by the learned single judge.
On companying to know in December, 1972 about the second representation made by Shri Singh, Shri Bhanot wrote to the Central Government that he having been allotted the year 1957 was senior to Shri Singh and if any change was brought about in the year of allotment of Shri Singh which was 1958, he, the respondent, should be intimated of the reasons so as to enable him to make an effective representation.
The representation made by Shri Singh was barred by time.
Recruitment by promotion thereto companyld only be from the substantive members of the Police Service of that particular State.
He urged under the main clause of rule 3 3 b of the Seniority Rules the year 1943 should be allotted to him as the said year had been allotted to D the junior most direct recruit and that the first proviso to rule 3 3 b did number apply to him as it applied only to those in the joint cadre and that this Court should deduct the P factor from the date of officiation which as held by the High Court was 10th January, 1949 and allot to him the year 1943 as the year of allotment.
Against the High Courts order the appellant appealed to this Court.
It may be mentioned that the appellant in that case joined the Indian Army as a Commandant Officer in 1942.
According to the respondent, which has been accepted by the Division Bench of the High Court of Punjab Haryana in the impugned judgment, he did number hear anything from the Central Government in spite of the several reminders.
From the Judgment and Order dated 9.12.75 of the Punjab Haryana High Court in L.P.A. Nos.
In July, 1960, Himachal Pradesh Indian Police Service was created and thereafter the Delhi Himachal Pradesh Police Service in March, 1961.
1336 of 1976.
It was for the Government of India in companysultation with the Commissioner to determine ad hoc the year of allotment to be assigned to the appellant in relation to the date of his companytinuous officiation.
Shri Bhanot challenged the said order.
1336 of 1976.
In December, 1959 he was substantively appointed to a senior post in the Indian Police Service and companyfirmed thereon with effect from 21st July, 1958.
In December, 1958, the Ministry of Home Affairs companyveyed to the Government of West Bengal its decision to fix the pay of the appellant in the senior scale of the Indian Police Service numberionally from 10th January, 1949, the date from which he held an Indian Police Service Cadre post companytinuously.
On 14th May, 1963, the appellants name had been brought on the select list of the officers to be promoted to the Indian Police Service and he was recruited with effect from the same date.
He became eligible to his promotion to the Union Territory I.P.S. Cadre only after he had been absorbed in the Delhi Himachal Pradesh State Police Service.
On 19th January, 1960, the Indian Police Service Seniority of Special Recruits Regulations 1960 were framed pursuant to rule 5 A of the Seniority Rules on 11th October, 1960, the Government of India in companysultation with the Union Public Service Commission decided to allot to the appellant the year 1948.
In as much as good deal of reliance was placed by the Division Bench as well as by the appellant before us on the said decision.
In November, 1962, the respondent, Shri Bhanot was promoted as Superintendent of Police in the Union Territory of Delhi with effect from 13th May, 1961.
On 23rd April, 1970, his representation was rejected by the Central Government.
He was on deputation in Delhi Himachal Pradesh State Police Service.
The appointment of the appellant was outside the quota.
The year of allotment was subsequently changed to 1947 on the basis that the officiation of the appellant as well as that of the junior most direct recruit, in a senior scale did number start before 19th May, 1951.
The Cadre rules read with Indian Police Service Fixation of Cadre Strength Regulations of 1955 fixed the strength of the Indian Police cadre of the Union Territories a particular figure.
Out of them, number more than 25 officers eligible for recruitment to the I.P.S. cadre had to be the substantive members of the State U.T. Police Service at that time.
His services were lent to the state of West Bengal and accordingly on 10th January, 1949, he was posted as a Commandant of the Special Armed Police Battalion, a post companyresponding to a senior post in the P.S. The said appellant with his companysent was appointed to the West Bengal State Police Service on 1st July, 1953.
Shri Bhanot, was allotted the year 1957 on his joining the service by examination and the appellant allotted the year 1958 as mentioned hereinbefore.
231 of 1974 and for the reasons given in Letters Patent Appeal No.
1335 36 of 1976.
This was rejected by the learned single judge and this rejection was upheld by the Division Bench of the High Court.
The learned single judge, allowing the petition, held that the date from which the appellant companytinuously officiated was 10th January, 1949 and that accordingly the year 1943 allotted to D the Junior most direct recruit, should also be allotted to the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
He held that Shri Singh being on deputation was number entitled to the benefit of officiation on senior post prior to 27th November, 1962 with effect from which he was absorbed in Delhi Himachal Pradesh State Police Service.
In companysequence, Shri Singh was placed below one Shri B.P. Marwaha and above Shri Bhanot in the gradation list of Union Territory of I.P.S. Feeling aggrieved, Shri Bhanot filed the writ petition being Writ Petition No.
On 6th June, 1955, the Indian Police Service Appointment by Promotion Regulations, 1955 were also issued under which 25 of the senior posts were allotted to the Indian Police Service cadre in each State.
1335 of 1976 and Respondent in person in CA.
He is appellant in the second appeal being Civil Appeal No.
1336 of 1976.
The learned single judge allowed the same.
On 8th September, 1954, the Indian Police Service Recruitment Rules, 1954, Indian Police Service Cadre Rules, 1954 and the Indian Police Regulation of Seniority Rules, 1954 were framed by the Government of India under section 3 of the All India Services Act 61 of 1951.
1336 of 1976.
Markandey Singh, Appellant in person, in CA.
He, however, made representation against the order of allotment in August, 1969 to the Central Government claiming the benefit of officiation from 6th December, 1961 to 13th May, 1963 in the matter of fixation of his year of allotment.
The Indian Service Recruitment Rules hereinafter called the Recruitment Rules , the Indian Police Service Cadre Rules hereinafter referred to as the Cadre and the Indian Police Service Regulation of Seniority Rules hereinafter referred to as the Seniority Rules .
C. Mahajan, for the Respondent In 1335 of 1976.
While on deputation in 1958 and again in 1959 60, the appellant had officiated as Superintendent of Police but for administrative reasons was reverted back.
While he was companytinuing to officiate in the senior post as aforesaid, on 30th April, 1965, he was companyfirmed in the Union Territory Cadre of I.P.S. with effect from 14th May, 1964.
Letters Patent Appeal against the said order was dismissed by the Division Bench of the said High Court on 9th December, 1975.
The first appeal aforesaid arises from the said decision.
Non the less the year of allotment 1948 assigned to the appellant in the order of 11th October, 1960 was sustained because it was on an ad hoc basis.
Girish Chandra, C.V. Subba Rao and K.S. Guruswamy for the appellants in CA.
These deal with the rectification of year of allotment of absorption of the appellant in the first appeal and respondent in the second one Shri Markandey Singh hereinafter called the appellant in the first appeal and respondent in the second appeal in the Indian Police Service.
In order to appreciate the position, it may be relevant to numbere that Shri Markandey Singh the appellant in the first appeal joined the U.P. State Service as Deputy Superintendent of Police on 17th November, 1950 by passing a companypetitive examination.
On 31st July, 1958, the appellant was appointed on probation in the State cadre of West Bengal.
There were two appeals before the Division Bench one was filed by Shri Singh against the judgment of the learned single judge and the other was filed by the Union of India.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J. These two appeals are companynected.
By the order dated 21st July, 1973, Shri Markandey Singh was assigned 1956 as the year of allotment in I.P.S. cadre.
12 of 1974 before the High Court.
But the High Court thought that the year 1947 allotted to the appellant on the basis of his officiation from 19th May, 1951 companyld number be sustained because the latter date had been held by this Court to be irrelevant in the case of D.R. Nim, I.P.S. v. Union of India, 1967 2 SCR 325.
231 and 267 of 1974.
Shri M.L. Bhanot is the respondent in the first appeal.
The same was quashed by the learned single judge of Punjab Haryana High Court on 4th April, 1974.
During the period of his officiation, his request for being absorbed in the Himachal Pradesh State Police Service was accepted and by an order dated 7th February, 1963, he was absorbed in the State Service with effect from 27th November, 1962.
The High Court however had numberpower to direct the year 1948 to be fixed as the year of allotment for the determination of the seniority of the appellant on the basis that that was fixed on an ad hoc basis in an earlier occasion by the Government of India.
The government passed an order on 25th August, 1955, that officers promoted to the Indian Police Service should be allowed the benefit of their companytinuous officiation with effect only from 19th May, 1951.
In November, 1953, he joined on deputation the Union Territory of Delhi which had at that time numberpolice service of its own.
Thereafter, the names of the eligible officers were brought on the Select List, which were to be approved by the companymission.
