It is this Shri Sahney, a senior of Ahluwalia, was holding an Ex cadre post of Superintendent of Police, C.B.I. under the Ministry of Home Affairs between 7 12 1964 and 6 10 1969.
Appeal by special Leave from the Judgment and Order dated 23 3 1979 of the Himachal Pradesh High Court in Civil Writ Petition No.
Aggrieved by this development, the appellants have companye to this companyrt and companytested the reasoning and companyclusion of the High Court.
Thereafter, the question was mooted before Government as to what should be the year of allotment for the 4th respondent Ahluwalia .
From March 26, 1968 he again companytinued as Superintendent of Police.
Admittedly, both these officers, Sahney and Dhaliwal, were senior to Ahluwalia, but a key circumstance which, in the submission of the appellants is decisive in their favour deserves mention.
The 4th respondent Ahluwalia, as stated earlier, was Superintendent of Police from 1965 to 1967, followed by a short period of earned leave, which ended on 25 3 68.
Two factors having relevancy to the determination of the issue before us, were highlighted by Shri R.K. Garg, appearing for the appellant.
The Central Government reconsidered the matter even earlier, and, by its Order dated 27 7 1979, refixed the seniority of the 4th respondent by assigning 1961 as his year of allotment.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
A few more facts about the career of the 4th respondent and the developments in the Indian Police service may be narrated before we set out and companysider Rules and Regulations and their implications.
So he challenged the Order of the Central Government allotting him the year 1965.
The 4th respondent Ahluwalia was brought into the Select List in 1965 and later appointed Superintendent of Police in October, 1965 and he worked as Superintendent of Police in one place or other, until December, 1967, and, even thereafter, he companytinued as Superintendent of Police right down to January 1971 when on January 30, 1971, he was appointed to the I.P.S. and companyfirmed as such.
K. Garg, and B. P. Singh for the Appellants.
M. Tarkunde and P. P. Juneja for the Respondent No.
The year of allotment was fixed as 1965 but the 4th respondent had a case that the law and justice of the case entitled him to 1961 as year of allotment.
The Judgment of the Court was delivered by, KRISHNA IYER, J. Competitive claims to seniority, dependent on the year of allotment in the Indian Police Service, fall for companysideration in this appeal by special leave.
If his plea were granted, the present appellants would be affected by being made junior to him.
4 was absorbed into that service on a regular basis.
398 of 1976.
In 1962, the Central Government companystituted a companymon police service for the Union Territory of Delhi and Himachal Pradesh called the Delhi and Himachal Pradesh Police Service and later, in 1964, respondent No.
2112 of 1979.
Mukul Mudgal for the Respondent No.
M. Abdul Khader and Miss A. Subhashini for the Union of India.
The 4th respondent Ahluwalia became a Deputy Superintendent of Police in Himachal Pradesh which was then a Union Territory by the end of 1956.
The Himachal Pradesh State came to have its own Cadre of I.P.S. Officers, in which Ahluwalia became a Member.
