The tentative seniority list of the MPS officers as on 22nd September, 1998 showed the appellant s name at Sr.
Order No.13 1 /4/79 H i dated 16.9.1989 shows that on the recommendation of the DPC held on 14.1.1985, the Governor of Manipur was pleased to companyfirm the appellant and others as Inspectors of Police in the Manipur Police Department with effect from 14.1.1985 i.e., the date on which the DPC recommended for companyfirmation, until further orders.
Vide order No.3/12/83 MPS DF i dated 12th October, 1983 Annexure P 2 the Government of Manipur in exercise of the powers companyferred under Rule 24 of the MPS Rules, 1965 appointed the appellant along with 27 others, in the order of their merit, to the Manipur Police Service in officiating capacity in the pay scale of Rs.900 40 1220 EB 50 1720 with immediate effect, until further orders.
On 21st May, 1996 Civil Review No.13/96 was disposed of by a Division Bench by setting aside the order dated 20th August, 1990 passed in Civil Rule 166 of 1990.
The said writ petition was disposed of by a Single Judge of the High Court on 18.9.1997 allowing the same with directions to the respondent Government to treat the date of officiating appointment of the appellant to the MPS Grade II as the date of his regular appointment.
He reserved his right to challenge the seniority list of the MPS.
The appellant filed another writ petition bearing Civil Rule No.307/92 for quashing the order of the Manipur Government dated 16.9.1985 and seeking a direction for his companyfirmation as Inspector of Police.
It is admitted that the aforesaid judgment was number appealed against.
Under the MPS Rules, the meeting of the Selection Committee for relevant posts was held on 24th March, 1987.
During the pendency of the aforesaid writ petition, the respondent Government filed an application for modification of its order dated 20th August, 1980 passed in R. No.166/90 which was subsequently registered as Civil Review No.13/96.
The appellant N. Bijoy Singh in SLP No.17310/98 was appointed as an Inspector along with others including the appellant L. Chandrakishore Singh vide order dated 3rd June, 1980 Annexure P 1 .
However, vide order No.3/12/83 MPS DP PT I dated 16.8.1989 the respondent Government issued an order, purported to be under Rule 5 1 b read with Rule 16 of the Manipur Police Service Rules, 1965, appointing on promotion the officers mentioned therein including the appellant, in order of their seniority to Manipur Police Junior Grade in the pay scale of Rs.2000 60 2300 EB 75 3200 with immediate effect.
No.71, still below the direct recuits MPS Grade II of 1988 batch.
The Full Bench vide the impugned order in these appeals set aside the order of the learned Single Judge and dismissed the writ petition being Civil Rule No.166/90.
The High Court directed the deletion of the words until further orders mentioned in his regular appointment order dated 3rd June, 1980 Annexure P 1 .
Brief facts of the case, as extracted from SLP C No.18221/98 filed by Shri L.Chandrakishore Singh are that the appellant herein joined the Manipur Police as Sub inspector on the recommendation of the Manipur Public Service Commission and was companyfirmed to the post on 16.6.1976.
The appellant again filed a civil writ bearing No.60/91 seeking inter alia a direction to companysider him for promotion to the next higher post of Additional Superintendent of Police Deputy Commandants of Manipur Rifles.
Vide order No.13 1 /9/79 H PT dated 3rd June, 1980 Annexure P 1 the Government of Manipur appointed 31 Sub inspectors of Police, including the appellants, as Inspectors of Police on promotion in the scale of pay of Rs.488 28 518 EB 25 749 EB 38 958 plus other allowances as admissible under the Rules with effect from 3rd June, 198o on regular basis, until further orders emphasis supplied .
He submitted his objections to the tentative seniority list on 26th December, 1989.
However, the seniority list issued on 30th March, 1990 showed his name at Sl.
Not satisfied with the aforesaid judgment the private respondents filed Writ Appeal No.162/97 which was referred to a larger Bench by formulating three points for decision vide order dated 13.5.1998.
No.72 allegedly even below the direct recruits MPS Grade II of the year 1988.
Writ Appeal No.101/97 preferred by him before the Division Bench of the High Court was referred to a larger Bench along with writ appeal filed against the judgment of the learned Single Judge in L.Chandrakishore Singhs case.
Feeling aggrieved of his placement in the seniority, the appellant filed writ petition being Civil Rule No.166 of 1990 before the Gauhati High Court for a direction to regularise his officiating appointment to MPS Grade II with effect from 12.10.1983 by revising quashing modifying the aforesaid appointment order dated 16.8.1989 insofar as it related to him.
Feeling aggrieved Shri N. Bijoy Singh filed writ petition bearing CR No.415/94 in the Gauhati High Court praying for seniority from the date of his officiating appointment along with companysequential benefits.
However, vide order dated 16th August, 1989 purported to have been issued under Rule 5 1 b read with Rule 16 of the Rules, the appellant along with others was appointed, on promotion, in order of merit to the Manipur Police Service Junior Grade in the pay scale of Rs.2000 60 2300 EB 75 3200 with immediate effect.
The said Civil Rule No.166/90 was restored to the file and the appellant was directed to implead all those officers above him in the seniority list of MPS Grade II, who were likely to be affected adversely in case if reliefs as prayed for by him were granted.
The writ petition is stated to have been disposed of by the Division Bench of Gauhati High Court, Imphal Bench giving directions that the appellant shall be given the benefit of regularisation from the date of his officiating appointment provided the same was companytinuous.
While disposing of the aforesaid writ petition on 11.12.1992 the Gauhati High Court directed the Government either to companyfirm the appellant as Inspector of Police with effect from 3.6.1980 or from the date when his juniors were companyfirmed.
The rival companytentions are required to be adjudicated on companyparative study of the Delhi Andaman Nicobar Island Police Service Rules, 1971 hereinafter referred to as DANI Rules and the MPS Rules.
Vide order dated 16th July, 1987, issued under Rule 24 of the Rules, the said appellant along with others was appointed on officiating basis to the Manipur Police Service Junior Grade in the pay scale of RS.900 40 1220 EB 50 1720 with effect from the date on which they took over the charge of the post Annexure P 3 .
SETHI,J. Leave granted.
The Committee recommended the aforesaid appellant as an officiating appointee solely on the ground of shortage of substantive vacant posts at the relevant time but in anticipation of the future substantive vacancies which were likely to arise within the stipulated period as companyceived under Rule 14 of the Rules.
