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Issues Involved:
1. Whether the promotees have been appointed to I.P.S. according to Rules? 2. Whether their continuous officiation in cadre posts would enure to their seniority entitling to the year of allotment from the dates of their initial promotions? 3. Whether their inclusion in the select list and the computation of seniority from that date are conditions of service? 4. Whether the facts would justify drawing the presumption of deemed relaxation of relevant rules by Rule 3 of the Residuary Rules? Summary: Issue 1: Appointment According to Rules The recruitment rules provide the method of recruitment to the Indian Police Service (IPS). The promotees must belong to the State Police Service and hold substantive posts. Appointment to the service should be made by the Central Government and must be in accordance with Rule 9(1) of the Recruitment Rules, which mandates consultation with the Union Public Service Commission (UPSC). The promotees were appointed temporarily under Regulation 8 of the Promotion Regulations, which is distinct from appointment under Regulation 9. Temporary appointments do not confer the status of a member of the service. Issue 2: Continuous Officiation and Seniority Continuous officiation in cadre posts does not count towards seniority unless the promotee officer is appointed to the IPS in accordance with the rules and included in the select list approved by the UPSC. By operation of Explanation 1 to Rule 3(3)(b) of the Seniority Rules, seniority is counted only from the date of inclusion in the select list or the date of continuous officiation, whichever is later. The entire preceding officiating period earlier than being brought on the select list is treated as fortuitous. Issue 3: Inclusion in Select List and Conditions of Service Inclusion in the select list and the computation of seniority from that date are conditions of recruitment, not conditions of service. Conditions of recruitment must be strictly complied with for appointment by promotion. Seniority is an incidence of service, but the rules for recruitment and promotion form part of the conditions of recruitment and are not relaxable. Issue 4: Deemed Relaxation of Rules Rule 3 of the Residuary Rules permits the Central Government to relax rules in cases of undue hardship, but this must be done in writing with the consultation of the UPSC. There was no express order of relaxation in this case. The contention of deemed relaxation due to non-preparation of select lists was rejected. The failure to prepare the select list does not collapse Rule 3(3)(b) of the Seniority Rules or Regulation 9 of the Promotion Regulations. Conclusion: The promotees were not appointed to the IPS according to the rules, and their continuous officiation in cadre posts does not count towards seniority. Inclusion in the select list and seniority computation are conditions of recruitment, not service. There is no deemed relaxation of rules, and the appointments under Regulation 8 are not valid for seniority purposes. The appeals are allowed, and the directions of the Tribunal are modified accordingly.
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