9911796707
TMI Blog1996 (5) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... given seniority in the All India Police Service from promotee quota w.e.f. April 30, 1978. Since he was brought on the select list on the said date under Rule 3(3)(b) of the IPS (Regulation of Seniority) Rules, 1954 (for short, the Rules;), the appellant claimed the year of allotment, i.e., 1972 under IPS (Regulation of Seniority) Rules, 1954, which was rejected by the Tribunal in the impugned order dated August 18, 1995 in OA No.557/90. Notice was issued confining to the question as to what would be the consequence of failure to convene a meeting for selection of the candidates and preparation of the annual seniority list. It is stated in the counter of affidavit that on November 23, 1976 in a meeting, Selection Committee considered t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been sought to be given by the Government for failure to hold the meeting, it must be considered that the appellant had lost the chances for promotion and the year of allotment since the appellant has been continuously officiating from the year 1976 and that, therefore, the year of allotment of 1973 is not valid in law. We find no force in the contention. The effect of the inter-play of IPS (Recruitment Rules), 1954, IPS (Cadre) Rules, 1954, IPS (Appointment by Promotion) Regulations, 1954 and IPS. (Regulation of Seniority) Rules, 1954 was considered thread-bare in Rizvi s case by a Bench of 3 Judges to which one of us (K.Ramaswamy, J.) was a member. Recruitment to the Indian Police Service is from two sources, namely, direct recruitme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to service gives, apart from equal opportunity to augment efficacy in service, provides equal chances of promotion to the officers of State Police Service to provide harmony among direct recruits and promotees and make them accountable to proper implementation of law and order. The regulations require preparation of select list annually and revision of the list and review thereof from time to time as adumbrated in the regulations. It was, therefore, held in Rizvi s case that preparation of the select list every year is mandatory. The State Government is enjoined to account for dereliction of the statutory duty satisfactorily to the Court. Regulation 3 of IPS (Appointment by Promotion) Regulations enjoins the State Government to constitut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the order in which the names of the members of the Police, Service appeared in the select list, The select list requires to be changed from time to time by review and revision and that, therefore, the candidate put in the select list does not acquire any substantive right to appointment until approval of the list by the UPSC and appointment by the Central Government. The inclusion of a person s name in the select list in any order, therefore, does not give that person a vested right to have his name in the select list continued in the succeeding years. The object of preparing select list every year and revision and review from time to time itself would indicate that the inclusion of the name in the select lists creates only inchoit until ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itment continuously officiated in a cadre post. In Paragraph 15, this Court considered the seniority rules and held as under: Rule 3(1) of Seniority Rules adumberated that every officer shall be assigned the year of allotment in accordance with Seniority Rules. Rule 3(3), which is relevant to this case, declares that the year of allotment of an officer appointed to the Service after the seniority rules came into an officer appointed to the Service after the seniority. rules came into force, shall be as follows: the year of allotment of a direct recruit officer shall be the year following..the year in which competitive examination was held; (proviso omitted) (ii) officer appointed to the Indian Police Service by promotion in accordance w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ermined and hoc by the Central Government. By operation of Explanation 1 the period of continuous officiation of the promotee officer in the senior post for the purpose of determining his seniority should count only from the date of his inclusion in the select-list or from the date of his continuous officiation in such senior post whichever is later. As a consequence, though the promotee officer continues to officiate earlier to his being brought into the select-list, he gets his seniority on his appointment to the senior post from the date on which he was brought into select-list, only from the date of appointment, or continuous officiation without break whichever is later. It would, therefore, be clear that the Committee prepare the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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