Case Note & Summary
The dispute concerned the determination of year of allotment for officers of the Bihar State Police Service who were promoted to the Indian Police Service. The appellants were recruited to the Bihar State Police Service on 1 September 1969 and were promoted to the Indian Police Service in 1987. Initially, the Central Government assigned them the year of allotment as 1981. The appellants challenged this before the Central Administrative Tribunal, Patna Bench, claiming that their year of allotment should be 1979. The Tribunal dismissed their application, holding that the year of allotment was correctly fixed under Rule 3(3)(b) of the Indian Police Service (Regulation of Seniority) Rules, 1954. Before the Supreme Court, the appellants argued that the Select List in which they were included, though factually prepared in 1985 and approved by the Union Public Service Commission in 1986, was in law the Select List for the year 1983, because the Patna High Court and the Supreme Court had directed the authorities to prepare a fresh Select List for 1983 after finding that the Selection Committee had erred by not preparing lists for earlier years. The State of Bihar contended that the Union Public Service Commission had not approved the list earlier, which delayed appointments. The Union of India maintained that an officer is included in the Select List only upon approval by the Union Public Service Commission, which occurred in 1986, and therefore the year of allotment was correctly fixed as 1981. The Supreme Court, after examining the relevant provisions, held that when the appropriate authorities committed an error in not preparing the Select List for a particular year and the court directed reconsideration, the Select List subsequently prepared and approved must be deemed to relate back to that earlier year. Consequently, the year of allotment of the appellants had to be determined on the premise that they were included in the Select List of 1983, not from the date of approval in 1986. The Court set aside the order of the Tribunal and the order of the Union Government and directed the Union Government to re-determine the year of allotment treating the appellants as included in the 1983 Select List and to grant consequential benefits within three months. The appeal was allowed without costs.
Headnote
A) Service Law - Indian Police Service - Year of Allotment - Indian Police Service (Regulation of Seniority) Rules, 1954, Rule 3(iii) and Rule 3(3)(b) - The core issue was whether year of allotment for promotees should be fixed from actual date of inclusion in select list and appointment or from deemed inclusion in select list for earlier year due to court directions. The Supreme Court held that when competent authority failed to prepare select list for 1983 and court directed reconsideration, the subsequent list prepared in 1985 and approved in 1986 must relate back to 1983. Therefore, year of allotment must be redetermined on premise that appellants were in 1983 select list. Held that Tribunal and Union Government erred in ignoring legal fiction and directions. B) Service Law - Select List Preparation - Promotions to Indian Police Service - Indian Police Service (Promotion by Recruitment) Regulations, 1955, Regulations 3 and 5 - The appellants were eligible to be considered for selection since 1977 but no select list was prepared for 1977-1980; after High Court and Supreme Court directions, a fresh list for 1983 was prepared. The Court reasoned that the initial error in not preparing the list should not disadvantage the officers; the list prepared later must be treated as the list for the year directed. Held that appellants were entitled to consequential benefits.
Issue of Consideration
Whether the year of allotment of appellants promoted to Indian Police Service should be determined on the basis of actual date of inclusion in the Select List and appointment in 1987, or on the legal fiction that they were included in the Select List for the year 1983 as directed by the Patna High Court and Supreme Court.
Final Decision
Appeal allowed; order of Central Administrative Tribunal and Union Government determining year of allotment set aside; Union Government directed to re-determine year of allotment treating appellants as included in 1983 Select List and grant consequential benefits within three months.
Law Points
- Year of allotment under Indian Police Service (Regulation of Seniority) Rules
- 1954 must be determined on basis of deemed inclusion in Select List for year directed by court
- not factual date of approval
- Select List prepared pursuant to court direction relates back to earlier year
- error by authorities in not preparing Select List cannot prejudice officers.
