Desh Raj Singh was allotted the Orissa cadre as a probationer of the 1990 batch, but he claimed allotment to his home State of Uttar Pradesh.
However, he did number succeed and he joined the training in August 1990 as an exempted probationer of the 1989 batch along with probationers of the 1990 batch.
He too is aggrieved by the allotment of Orissa cadre to him.
Rahul Rasgotra was granted exemption from joining training with other probationers of the 1989 batch of IPS since he wanted to appear in the next examination held in the year 1989 in an attempt to improve his prospects by getting selected for a better service.
The year of allotment of an officer in Service at the companymencement of these rules shall be the same as has been assigned to him or may be assigned to him by the Central Government in accordance with the rules, orders and instructions in force immediately before the companymencement of these rules.
Rules 3 and 4, insofar as they are material, read as under Assignment of year of allotment.
Their claim has been allowed by the Tribunal.
emphasis supplied The Indian Police Service Regulation of Seniority Rules, 1988 are also material.
Both of them filed applications before the Central Administrative Tribunal challenging the cadre allotment.
next examination but he later withdrew his request and joined the training along with the probationers of the 1990 batch.
The year of allotment of an officer appointed to the service after the companymencement of these rules shall be as follows The year of allotment of a direct recruit officer shall be the year following the year in which the companypetitive examination was held Provided that in the case of exempted probationers, as defined in clause ee of Rule 2 of the IPS Probation Rules, 1954, and direct recruit officers, who are permitted to join probationary training under sub rule 1 of Rule 5 of the IPS Probation Rules, 1954, with the direct recruit officers of a subsequent year of allotment, they shall be assigned that subsequent year as the year of allotment.
Desh Raj Singh had also sought permission to appear in the.
1 Every officer shall be assigned a year of allotment in accordance with the provisions hereinafter companytained in these rules.
Hence these appeals by special leave are filed by the Union of India.
Rahul Rasgotra was ranked 168 in the 1989 batch and according to his rank the cadre allocation made to him on December 28, 1989 was in the joint cadre of the States of Manipur and Tripura.
The Indian Police Service Cadre Rules, 1954 provide for companystitution of cadres, allocation of members of various cadres and certain ancillary matters.
The judgment of the Court was delivered by VERMA, J. Rahul Rasgotra, Respondent 1 in Civil appeal No.5414 of 1992 was selected for the Indian Police Service in the companybined Civil Service Examination held in the year 1988, while Desh Raj Singh, Respondent I in Civil Appeal No, 3844 of 1993 was selected for the Indian Police Service in the companybined Civil Services Examination held in the year 1989.
