Case Note & Summary
The dispute concerned the determination of year of allotment and seniority in the Indian Police Service for a promotee officer from the Tamil Nadu State Police Services. The appellant was directly recruited to the Tamil Nadu State Police Services on October 7, 1979 and was thereafter posted as Deputy Commissioner of Police, Law and Order, Madras South with effect from July 27, 1980. He claimed to have continuously officiated in that cadre post from 1975. He was first included in the select list for promotion to the Indian Police Service on October 26, 1979, which was approved by the Union Public Service Commission on December 12, 1979. The select list was continued for 1980, but he was omitted from the 1981 select list due to a lack of required vacancy in the State cadre. He was again included in the select list on December 16, 1982, with UPSC approval on March 28, 1983. When seniority was determined, the order of allotment fixed 1978 as his year of allotment. The appellant challenged the allotment before the Central Administrative Tribunal, Madras Bench in OA No.3/92 on two grounds: that his non-inclusion in the 1981 list was bad in law, and that because he had been continuously officiating from 1975 and was first included in the select list in 1979, his year of allotment should be 1975. The Tribunal rejected both contentions and upheld 1978 as the year of allotment. Before the Supreme Court, the appellant contended that the Tribunal erred in not giving him the benefit of his continuous officiation from 1975 and in treating the non-inclusion in 1981 as irrelevant. The respondent, Union of India, relied upon Rule 3(3) of the Indian Police Service (Appointment by Promotion) Seniority Rules, particularly Explanation I, which provides that continuous officiation in a senior post counts only from the later of the date of inclusion in the select list or the date of officiating appointment. The Court examined Rule 3(3) and referred to Syed Khalid Rizvi & Ors. v. Union of India & Ors., (1993) Supp. 3 SCC 575 and R.R.S. Chouhan & Ors. v. Union of India & Ors., (1995) Supp. 3 SCS 109. Both decisions established that for promotee officers appointed temporarily, seniority counts only from the date of inclusion in the select list or continuous officiation, whichever is later, and the entire previous period of officiating is rendered fortuitous. Applying this principle, the Court held that the appellant could not claim 1975 as his year of allotment because his later inclusion in the select list occurred in 1982. Consequently, 1978 as his year of allotment was immediately below the direct recruits in the cadre. The appeal was dismissed with no order as to costs.
Headnote
A) Service Law - Seniority and Year of Allotment - Indian Police Service (Appointment by Promotion) Seniority Rules, Rule 3(3) - For promotee officers, year of allotment is determined by the later of the date of inclusion in the select list or the date of continuous officiation in a senior post - The Court relied on Syed Khalid Rizvi & Ors. v. Union of India & Ors. and R.R.S. Chouhan & Ors. v. Union of India & Ors. to hold that continuous officiation prior to the later select list inclusion is fortuitous and cannot be counted - Held that the appellant was entitled only from the 1982 select list inclusion, making 1978 as the year of allotment correct, and the appeal was dismissed (Paras 1-3). B) Service Law - Seniority - Effect of Non-inclusion in Select List due to Want of Vacancy - Indian Police Service (Appointment by Promotion) Seniority Rules, Rule 3(3) - An officer omitted from an intermediate year's select list for want of vacancy does not acquire a claim to an earlier year of allotment; the later inclusion in the select list determined the year of allotment - Held that continuous officiation from an earlier date is rendered fortuitous by operation of Explanation I to Rule 3(3)(b), and the year of allotment was correctly fixed as 1978 (Paras 1-3).
Issue of Consideration
Whether the Central Administrative Tribunal was right in fixing 1978 as the year of allotment for the appellant under Rule 3(3) of the Indian Police Service (Appointment by Promotion) Seniority Rules, despite his claim for 1975 based on continuous officiation and first inclusion in select list in 1979.
Final Decision
Appeal dismissed; 1978 as the year of allotment upheld; no order as to costs.
Law Points
- Year of allotment for promotee IPS officers is determined by later of date of inclusion in select list or date of continuous officiation in senior post
- prior continuous officiation is fortuitous and does not count
- non-inclusion in select list due to want of vacancy does not entitle officer to earlier year of allotment
- Explanation I to Rule 3(3)(b) restricts counting of continuous officiation to date of inclusion in select list or officiating appointment whichever is later
- seniority for promotee officers counts only from select list inclusion or continuous officiation date whichever later
