Pursuant to the aforesaid direction of the Apex Court the Selection Committee met on 19.9.1985 and prepared a Select List of 24 officers including the appellants for promotion to the Indian Police Service and the appellants were ultimately appointed to the cadre of IPS on different dates in the year 1987.
The earliest appointment being of appellant number1 on 27.7.1987.
The Tribunal also came to the companyclusion that the question of assignment of year of allotment only arises after appointment of the companycerned officer to the cadre either through companypetitive examination or by promotion from the State Police Service under Rule 9 1 of the Recruitment Rules.
The Union Government companytested the application before the Tribunal alleging therein that numberdoubt the Supreme Court had directed to draw a Select List for the year 1983 and the same was drawn on 9.9.1985 but the appellants having been appointed in the year 1987 pursuant to their name being included in the select List prepared on 19.9.1985, their year of allotment has been rightly fixed under Rule 3 iii of the Indian Police Service Regulation of Seniority Rules, 1954 hereinafter referred to as the Seniority Rules and therefore there is numbererror in determining the year of allotment of the appellants.
The Ministry of Home Affairs thereafter issued order dated 4.5.1992 assigning the appellants the year of allotment as 1981.
They challenged the said order and claimed that their year of allotment should be 1979 before the Tribunal.
But the Section Committee, though met on 14.10.1981, did number take the increase in the cadre strength as a result of which the appellants suffered to a great extent.
12 of 1993.
A Writ Petition was filed in the Patna High Court which was registered as CWJC No.
The Tribunal by the impugned judgement rejected their claim and having dismissed the A., the present appeal has been preferred.
J U D G M E N T The following Judgement of the Court was delivered PATTANAIK, J. Leave granted.
The further case of the appellants was that in the triennial review companyducted for determining the strength of the cadre in the year 1981 the number of senior posts in the said cadre of IPS was increased to 137 from 123.
The High Court by order dated 30th July, 1984 came to the companyclusion that the Selection Committee had companymitted an error by number taking into account the number of vacancies existing as well as number of vacancies likely to fall vacant during the year and accordingly directed the Selection Committee to prepare a fresh Select List for the year 1983.
It is only in 1981 a Select List of 18 officers was prepared to fill up 7 vacancies ignoring one anticipated vacancy during the year.
But the Committee companystituted under Regulation 3 of the Promotion Regulations did number prepare any Select List for the years 1977, 1978, 1979 and 1980.
The case of the appellants in nutshell is that they having been appointed to the Bihar State Police Service on 1.9.1969 were eligible for being companysidered to be included in the Select List prepared under Regulation 5 of the Promotion Regulations since 1977.
5372 of 1983.
The appellants then challenged the same order of the Union Government claiming that the year of allotment should be 1979 on the ground that the Select List though was factually prepared in the year 1985 but in the eye of law it relates to the year 1983 and the Union Government has number taken that into companysideration while assigning year of allotment.
On being appointed to the cadre of IPS they were assigned the year of allotment as 1981 by the Central Government.
Vijay Kumar, J.P.Parihar, Abhay Chandrakant Mahimka.
Honble Mr.Justice G.B.Pattanaik P.Rao, Sr.
B.Singh, Adv.
The State Government challenged the aforesaid order of the High Court by filing a Special Leave Petition in the Apex Court which was ultimately dismissed with the observation that the Selection Committee should prepare a fresh list for the year 1983 with respect to all the vacancies including the vacancies that occurred on account of triennial review by the authorities.
Advs, with him for the appellants.
This appeal by special leave is directed against the order dated 5th September, 1995 of the Central Administrative Tribunal, Patna Bench, Patna in O.A. No.
for the Respondents.
The appellants who had been recruited to the Bihar State Police Service in the year 1969 were promoted to the Indian Police Service in the year 1987 in accordance with the provisions of the Indian Police Service Promotion by Recuritment Regulations, 1955 hereinafter referred to as the Promotion Regulations .
