it was held that the government of india and the government of punjab had all the time treated the post of companymandant 25th battalion as a cadre post and therefore b. r. kapur was entitled to have his service in the post of companymandant 25th battalion as officiation in a senior post.
it was further directed that before redetermining the seniority of the two officers the respondents to the writ petitions who were direct recruits should be afforded an opportunity to make their representations.
he was therefore treated as having companytinuously officiated in a senior cadre post from numberember 1 1966 only.
he companytinued to hold a cadre post till he was appointed to the indian police service with effect from september 3 1969.
under article 32 of the companystitution jawahar lal gupta and s. ghose for the appellant in ca 2526/77 r. mridul m. r. agnihotri and p. c. bhartari for the appellant in ca 2413/78.
633 671 694/73 and 609/73.
in 1960 both of them were included in the select list prepared under regulation 7 of the indian police service appointment by promotion regulations 1955.
from the judgment and order dated 17 5 1975 of the punjab and haryana high companyrt in lpa number.
before the division bench the case took a new turn.
thereafter he continuously held cadre posts and was finally appointed to the indian police service with effect from september 3 1969.
the list prepared by the selection companymittee is then to be forwarded to the union public service companymission by the state government with all relevant records the reasons recorded by the companymittee for any proposed supersession of any member of the state police service and the observation of the state government on the recommendation of the companymittee.
the selection companymittee is required to meet at intervals ordinarily number exceeding one year and to companysider the cases of all eligible substantive members of the state police service.
thereafter the union public service companymission is to companysider the list prepared by the committee and to make any changes companysidered by them to be necessary after informing the state government of the proposed changes.
520 524 of 1980.
p. sharma and m. s. dhillon for the state of punjab in both the appeals.
shri b. r. kapur was allotted to the year 1963 and placed below sube singh and above shri s. r. sharma direct recruits in the indian police service gradation list of punjab.
the companymittee is required to prepare a list of such eligible members of the state police service who are suitable for promotion to the indian police service the selection for inclusion in the list is to be based on merit and suitability in all respects with due regard to seniority but the names of the officers included in the list are required to be arranged in order of seniority in the state police service.
on that basis he was allotted to the year 1963.
l. sibal r. k. garg and r. s. sodhi for respondent number 10 in ca 2526 and rr11 in ca 2413.
in the case of harjeet singh though admittedly he officiated companytinuously in a senior cadre post from december 1960 he was also allotted to the year 1963 and placed below shri b. r. kapur on the ground that he ranked below shri b. r. kapur in the select list.
the post was a number cadre post.
lal narain sinha att.
they are the appellants in civil appeal number.
civil appellate jurisdiction civil appeal number.
2413 of 1978 and 2526 of 1977 respectively.
the indian police service appointment by promotion regulations 1955 made pursuant to rule 9 1 of the indian police service recruitment rules 1954 prescribes a very elaborate procedure for making appointments by promotion to the indian police service.
and writ petition number.
2526/77 and 2413/78.
appeals under clause 10 of the letters patent were filed by the affected direct recruits as also by b. r. kapur.
he held the post till july 11 1966 when he took over as companymandant of 25th battalion pap.
on selection by the punjab public service companymission r. kapur and harjeet singh were directly recruited in 1951 as deputy superintendents of police in the punjab police service.
the post was a cadre post.
after the two officers were appointed to the indian police service the question of assignment of year of allotment and fixation of seniority arose for the consideration of the government of india.
shri harjeet singh was appointed to officiate as superintendent of police in december 1960.
he companytinued to hold the post of additional controller of stores till 1965.
in may 1961 r. kapur was appointed as director of sports and youth programme and deputy secretary to government sports department.
on numberember 24 1960 b. r. kapur was appointed as assistant inspector general of police which post was a cadre post.
a direction was issued that the year of allotment and seniority should be re determined.
the period of his service as director of sports and youth programme and as additional companytroller of stores was number taken into consideration as both the posts were number cadre posts.
abdul khader and miss s. subashini for the union of india in all the appeals.
thereafter aggrieved parties may approach the companyrts for further relief within the companyfines of articles 226 and 32 of the companystitution.
he held this post upto numberember 18 1962 and thereafter he was appointed as additional companytroller of stores punjab which was also a number cadre post.
from july 19 1965 he was commandant 40th battalion pap j k which was a cadre post.
his service as companymandant of 25th battalion was also number taken into account on the ground that the 25th battalion had been taken over by the government of india and therefore the post of companymandant of the 25th battalion was a number cadre post.
r. kapur and harjeet singh filed writ petitions in the high companyrt of punjab and haryana questioning the allotment of the year 1963 to them for the purpose of seniority in the indian police service.
on the reorganisation of the state of punjab he was appointed as assistant inspector general of police state of punjab from numberember 1 1966.
b. r. kapur was senior to harjeet singh as deputy superintendent of police.
