TMI Blog1967 (1) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... mpetitive examination held in 1938. In course of time he was appointed officiating Superintendent of Police with effect from June 25, 1947. He continued to officiate till he was appointed to the Indian Police Service against the promotion quota of the Indian Police Service Cadre of Uttar Pradesh with effect from October 22, 1955. By the time he was appointed to the Indian Police Service various Rules and Regulations governing the Indian Police Service had been issued by the Central Government in exercise of the powers conferred by sub-s. (1) of s. 3 of the All India Services Act (LXI of 1951). We are concerned particularly with the Indian Police Service (Regulation of Seniority) Rules, 1954, hereinafter referred to as the Seniority Rules. The seniority of the appellant has to be determined under these Seniority Rules. The first thing to be done under the Seniority Rules is to determine the year of allotment of the appellant. The appellant claims that a wrong year of allotment has been given to him by the application of the impugned order, which, according to him, is a void order. Rule 3, which deals with the assignment of the year of allotment reads as follows: 3. Assignment of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service (Appointment by Promotion) Regulations framed under rule 9 of the Recruitment Rules, if the period of such officiation prior to that date is approved by the Central Government in consultation with the Commission. Explanation 1.-An officer shall be deemed to have officiated continuously in a senior post from a certain date if during the period from that date to the date of his confirmation in the senior grade he continues to hold without any break or reversion as senior post otherwise than as a purely temporary or local arrangement. Explanation 2.-An officer shall be treated as having officiated in a senior post during any period in respect of which the State Government concerned certifies that he would have so officiated but for his absence on leave or appointment to any special post of any other exceptional circumstance. Sub-rule (1) clearly makes Rule 3 the Controlling Rule for the purposes of assignment of the year of allotment. The Rule then divides officers into two categories: (1) an officer in the Indian Police Service at the commencement of the Rules, and (2) an officer appointed to the Indian Police Service after the commencement of the Rules. We are concern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etermined this by issuing the impugned order, the relevant part of which reads as follows: The Government of India have now decided with the concurrence of the Commission that the State Civil Service Officers who were officiating prior to 19th May, 1951, but have been appointed to the Indian Administrative Service after that date should, for purposes of fixation of seniority, be allowed the benefit of their continuous officiation in senior posts with effect from the 19th May, 1951. The same decision will also apply in the case of State Police Officers promoted to the Indian Police Service after the 19th May, 1951. The result of this decision, as far as the appellant is concerned, is that the period of officiation as Superintendent of Police from June 25, 1947 to May 19, 1951, is excluded for the purpose of fixation of seniority. Why the date May 19, 1951, was chosen is explained by the Government of India in the following terms in paras 8 and 9 of the affidavit dated May 15, 1966: 8. While recruitment to the Service through these diverse unconventional sources was being made over the years, the question of fixation of seniority and year of allotment was subseqently cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is as the crucial date. It may be reiterated that this decision was taken after consultation with the State Governments and the U.P.S.C. I would say that there is no arbitrariness in this matter and that this was done after consulting all concerned and after evolving a sound principle which would be consistent with the view that those who had been selected for recruitment on earlier occasions should not, by application of a principle, become junior to those who on such occasions had been rejected. I may also mention that the said date had been uniformly applied to all officers in this category. It would be noticed that the date, May 19, 1951, to begin with had nothing to do with the finlisation of the Gradation List of the Indian Police Service because it was a date which had reference to the finalisation of the Gradation List for the I.A.S. Further this date does not seem to have much relevance to the question of avoiding the anomalous position mentioned in para 9 of the affidavit, reproduced above. This date was apparently chosen for the I.A.S. because on this date the Gradation List for in the earlier persons recruited to the Service had been finalised and issued in a somewh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ady discussed this point above and, in our opinion, there is no force in this contention. As we have said, the Central Government must consider the question of approval of the officiation period and come to an ad hoc decision after considering all the relevant circumstances in consultation with the State Government concerned and fix the year of allotment. The next point Mr. Iyengar raised was that the letter dated August 25, 1955, was without any legal authority and was contrary to rules. It seems to us that the fixing of an artificial date, like May 19, 1951, as the date prior to which period of officiation would not be deemed to be approved by the Central Government is contrary to Rule 3. The last point which Mr. Iyengar raised was that the appellant for no valid reason has been treated unequally among his equals. It is not necessary to decide this point because the appeal has to be accepted on the ground that the selection of May 19, 1951, as a ,crucial date for classifying people is arbitrary and contrary to Rule 3. We had earlier left open the point raised by the Government of ,India that the appellant's continuous officiation was a temporary or local arrangement within Ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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