the tribunal having quashed the aforesaid order of the government of india and having directed to place shri ashwini kumar above shri singh in the seniority list of ips officers in the state of himachal pradesh the two special leave petitions have been filed as already stated.
and as such the tribunal held that it must be 1973.
he having found that shri ashwini kumar was the junior most officer amongst the direct recruits who had officiated continuously in a senior post earlier to 30.3.78 the year of allotment of shri singh must be determined according to the year of allotment of shri ashwini kumar.
the tribunal on an analysis of the provisions of the seniority rules more particularly rule 3 3 b thereof came to the conclusion that shri singh having started companytinuous officiation in the senior post on 30.3.1978 his year of allotment must be determined by finding out who was the junior most officer recruited to the service in accordance with rule 7 who officiated companytinuously in a senior post from a date earlier than shri singh.
as his case had been overlooked for being brought on to the select list during 1974 1976 on the basis of certain adverse entries and the adverse entries stood expunged by the government a writ petition was filed in the year 1984 in himachal pradesh high companyrt seeking mandamus to the state government to re consider the case of shri singh.
singh who was a deputy supdt.
the said respondent number 4 filed an application before the central administrative tribunal principal bench new delhi challenging the aforesaid order of the government of india dated 23rd july 1985.
said shri singh was allowed to officiate against a senior post in indian police service with effect from 30.8.78 after he was brought on to the select list in the year 1977.
in view of the aforesaid decision of the government of india the writ petition filed by shri singh became infructuous and was withdrawn with the liberty to approach the companyrt again if any part of the relief is number finally granted.
in our companysidered opinion the tribunal companymitted gross error in deciding the year of allotment of shri singh only by taking into companysideration his date of companytinuous officiation in the senior post with affect from 30.3.1978 and ignumbering the order of the central government on re consideration appointing shri singh to the indian police service with effect from 31.3.1976.
the recruitment to the indian police service is made under ips recruitment rules 1954 hereinafter referred to as the recruitment rules .
but the companyrt was number faced with a situation as in the case in hand where the case of the promotee had been ignumbered from consideration and on re consideration the promotee has been appointed retrospectively with effect from 31.3.1976.
the high companyrt by an interim order had called upon the state government to reconsider his case.
under rule 4 thereof recruitment is made both by companypetitive examination as well as by promotion of substantive member of a state police service.
1984 2 scr 299.
the high companyrt therefore directed that the final decision be taken in the case of shri o.s.
the government of india by its letter dated 23rd july 1985 intimated shri o.s.singh that his year of allotment under rule 3 3 b of the ips regulation of seniority rules 1954 hereinafter referred to as the seniority rules is 1970 and the inter se seniority of the officers was also indicated therein whereunder shri singh was shown senior to shri ashwini kumar the respondent number 4 in special leave petition number 5394 of 1993.
the state government on reconsideration recommended for his appointment to the indian police service from an anterior date.
on 5th july 1985 the standing counsel appearing for the union of india intimated the companyrt that the government of india has taken the decision to appoint shri o.s.
singh in the light of the decision of this companyrt in amar kant chawdhary v. state of bihar ors.
the said writ petition was registered as c. writ petition number 661 of 1984.
of police on 26.11.1965 after being selected by the state public service companymission.
singh and necessary recommendation in being made to the union government for appropriate orders.
singh on the recommendation of the selection companymittee.
number 479/86 one at the instance of union of india and the other at the instance of an employee shri o.s.
1995 4 suppl.
finally the government of india in companysultation with the union public service companymission appointed said shri singh to the indian police service with effect from 31.3.1976.
singh had joined as deputy supdt.
the adverse entries having been expunged he had approached the high companyrt of himachal pradesh for a direction to the appropriate authorities for reconsideration of his case.
the appellant shri o.s.
singh to the indian police service with effect from 31.3.1976 and that his seniority will be determined accordingly.
of police in the state police service on substantive basis and had companypleted more than 8 years of service by the year 1974 and companyld have been placed in the select list but for the adverse entries in his c.r.
by an interim order dated 18.12.1984 the high companyrt directed that the competent authority would re examine the case of shri o.s.
the state government intimated the high court on 11.3.1985 that the selection companymittee has reconsidered the case of shri o.s.
