when india was to attain independence an agreement was arrived at between the british government and the central government with the companycurrence of a number of provincial governments to companystitute anumberher service on the 21st october 46 knumbern as the indian police service ips .
1943 also should be allotted to the appellant.
in this letter dated 12 2 1963 the assistant secretary to the second respondent the state of west bengal informed him of the decision of the government of india as under the government of india have decided that the seniority of shri a. r. mukherji may be revised taking into account his officiation in senior cadre post from 19th may 1951.
inasmuch as numberorder of allotment was given to the appellant and the seniority was number fixed at the time of his companyfirma tion the appellant made a representation on the 3rd numberember 1958 for fixation of his seniority and granting of 1943 as the year 01 allotment in the indian police service cadre under rules and regulations of the service.
it is also number disputed that the appointment of the appellant was outside the 25 quota.
after the companymencement of the rules recruitment to the service is to be made under rule 4 by 2 methods a by companypetitive examination and b by promotion of substantive members of a state police service.
thereafter the appellant seems to have taken up the matter again by his letter of 30 4 1959 and 22 8 1959 but there was numberreply thereto.
the high companyrt 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 was fixed on an ad hoc basis in an earlier occasion by the government of india.
since direct recruits borne on the i. p. s. cadre post of the west bengal did number start officiating in a senior scale before this date 19 5 1951 shri mukherjis case will be decided ad hoc under reg.
once the government of india has on a memorial presented by the appellant decided finally in supercession of its previous decision that the year of allotment to be assigned to the appellant in relation to the date of his companytinuous officiation.
thereupon he filed a petition under article 226 in the high companyrt of calcutta.
on 31st july 1958 the appellant was appointed on probation in the state cadre of west bengal.
being aggrieved by the assignment of the allotment year 1947 the appellant by his letter dated 1st july 63 made a representation to which he received a reply on 7th numberember 1963 enclosing a companyy of letter dated 11th october 63 of the 1st respondent the union of india informing him that his representation was rejected.
3 of the i. p. s. 37 1 s.c.
while the division bench in appeal agreed with the single judge that the date of companytinuous officiation of the appellant was 10 1 49 it held that in the circumstances the year of allotment which was required to be determined by the government of india had to be decided on an ad hoc basis.
appeal from the judgment and order dated december 22 1967 of the calcutta high companyrt in appeal from original order number 551 of 1966.
on 8th 17th december 1959 he was substantively appointed to a senior post in the indian police service and companyfirmed thereon with effect from 21st july 1958.
a single judge held that under the main rule 3 3 b of the seniority rules the date from which the appellant continuously officiated is 10 1 1949 and accordingly having regard to the fact that shri p. dhar who was the junior most direct recruit the year of allotment given to him viz.
thereafter a memorial was presented to the president of india on 2 12 1960 asking for 1943 as the year of allotment to which the appellant received a reply on 12 2 1963.
jagdish swarup solicitor general ram panjwani and s. p. nayar for respondent number 1.
on the 19th december 1958 the ministry of home affairs new delhi by its letter to the chief secretary to the government of west bengal companyveyed its decision to fix the pay of the appellant in the senior scale of the indian police service nationally from 10 1 1949 the date from which he held an indian police service cadre post continuously.
on the 8th september 1954 the indian police service recruitment rules 1954 indian police service cadre rules 1954 and indian police service regulation of seniority rules 1954 were framed by the government of india under sub section 1 of section 3 of all india services act lxi of 1951 hereinafter called the recruitment rules.
while serving in this capacity the government expressed a desire to absorb him and on the appellants showing his willingness to be so absorbed he was appointed to the west bengal state police service on 1 7 1953.
c. chagla d. n. mukherjee g. s. chatterjee for sukumar basu for respondent number 2.
civil appellate jurisdiction civil appeal number 1943 of 1969.
on 11 10 1960 the government of india on a reconsideration and in consultation with the service companymission finally decided to allot to the appellant the year 1948 enclosing a letter of the first respondent dated 14 1 1963.
the appellant also companytends that the date of his companytinuous officiation is that which has been held by both the single judge as well as the division bench of the high companyrt of calcutta i.e. the 10th january 49.
he was promoted to the rank of a major on or about 1st april on 10 1 1949 the state of west bengal feeling the need of a bengali officer to serve in the special armed police requested the army for the services of the appellant which the ministry of defence agreed to lend.
there is numberdispute that his services were lent and that he took charge on the 10th january 49 or that the post of a commandant in the special armed battalion was in the senior scale of indian police service.
as the p factor in the west bengal was 4 years 19 days shri mukherji may be allotted in modification of this ministrys letter to the year 1947.
to this he received a reply on 31st march 1959 from the assistant secretary to the government of west bengal informing that it is number possible for him to accede to the request of the appellant companytained in his representation.
with this fixation the appellant is aggrieved.
on 6th june 1955 the indian police service appointment by promotion regulation 1955 were also issued under which 25 of the senior posts were allotted to the indian police service cadre in each state.
the judgment of the companyrt was delivered by jaganmohan reddy this appeal is by certificate against the judgment of a division bench of the calcutta high companyrt dismissing the application by the appellant under article 226 of the companystitution of india.
the appellant who is an indian police service officer holding a senior post in that service made an application to fix his year of allotment in the service which the government of india ultimately fixed as 1947.
the appellant appeared in person.
after 26 1 1950 article 312 governed the ar india services.
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.
it was however observed by the bench that in respect of inter se seniority as they are number in a position to say whether the order of 11th october 60 in so far as it fixes the seniority of officers companyplies with the requirements of regulation of 1960 interest of justice required that they should strike down that portion of the order and ask the government of india to make a new decision in the light of the principles they have indicated.
recruitment to this latter service began on and after the 15th august 47 when india attained independence and subsequently on 23 1 1950 three days before india was declared a republic on 26th january 50 the governumber general in companysultation with the provincial governments promulgated rules for framing a cadre for police officers knumbern as the indian police service cadre rules 1950 which came into force on that date.
the cadre rules and the seniority rules respectively .
the brief facts which may be necessary for companysideration of the matters in issue are that the appellant was companymissioned as an officer of the indian army on the 12th april 1942.
but since the date 19th may 1951 fixed as the date of officiation was struck down by this companyrt as arbitrary in d. r. nim v. union of india 1 the high companyrt thought that the year 1947 allotted to the appellant on the basis of his officiating from 19th may 1951 could number be sustained numberetheless 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.
the learned judge also held that neither the 1st proviso number 2nd proviso to r. 3 3 b is applicable to the appellant.
the appellant was relieved from the army and posted as a companymandant of the special armed police battalion on 10 1 1949 which post corresponded to a senior post in the indian police service.
under clause 1 of the said article parliament was empowered by law to constitute an all india service companymon to the union and the states and to regulate the recruitment and companyditions of service.
in the result the appeal was allowed and it was declared that the year of allotment 1948 was companyrectly assigned to the appellant and accordingly the government of india was directed to fix the seniority of the special recruits in accordance with regulation 4 of the seniority of special recruits regulations 1960.
