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2014 (6) TMI 1069 - SC - Indian LawsInterpretation of precise connotative effect of Punjab Police Rules, 1934 (the Rules), specially Rule 13.7 of the Rules - promotion of the constables in Chandigarh Police to the post of Head Constable - amendments that were incorporated on 4.3.1982, and another incarnation of the said amendments vide amendment dated 6.2.1988 - HELD THAT:- In the case at hand, we are really concerned with the interregnum period between 4.3.1982 and 17.6.1988. The tribunal, on the first occasion, while quashing the order dated 27.6.1988 which was a resultant order after the amendment dated 17.6.1988, had clearly laid down that the authorities were required to prepare a fresh list for sending the Constables to the Lower School Course in accordance with the pre-amended Rule 13.7 as it existed prior to 17.6.1988 so far as the vacancies of Head Constables which had come into existence prior to the date of aforesaid notification and the criterion to be adopted by them could be seniority-cum-merit as prescribed therein. It was also unequivocally ruled that it would be open to the respondents to act in accordance with the amended Rule in respect of vacancies/posts of Head Constables which might have occurred subsequent to coming into force of the amended Rule or which may fall vacant thereafter. The decision of the tribunal, on the first round, related to the vacancies of Head Constables that had come into existence prior to the date of notification, i.e., 17.6.1988. Learned counsel for the Union Territory of Chandigarh in his written note of submissions has stated that 50 vacancies were found to have occurred before amendment and, accordingly, a list was prepared in order of seniority as per the provisions of unamended rules. At this point of time, it is necessary to clear the maze that as far as this exercise is concerned there was no cavil. The dispute arose when the authorities on 28.10.1988 prepared a list of eligible Constables/ad hoc Head Constables who fulfilled the prescribed conditions to sit in the competitive examination to be held in January, 1989. The said action of the authorities compelled the present applicants to file three Original Applications challenging the validity of the Rule and quashment of the order dated 28.10.1988 whereby the list was drawn up of the eligible candidates. As has been stated hereinbefore, the tribunal on 31.3.1989 modified its original interim order and directed that selection of the Head Constables may be made and given effect to subject to final decision of those Original Applications. The cornerstone of the impugned order dated 28.9.1998 is the order dated 8.1.1990. If this is allowed to stand, it would tantamount to palpable injustice - the order is absolutely unsustainable - Appeal dismissed.
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