- (1.) The perennial dispute of Service Law-inter se seniority between promotees and direct recruits-has surfaced again in this appeal. This time the parties in dispute are officers belonging to DANI (Delhi and Andaman and Nicobar Islands) Police Service (the Service). To resolve thelis we shall have to first determine as to when the respondents can be said to have become members of the Service and then we have to find out as to how they are to be placed in the seniority list to be prepared as required by Rule 29 of the DANI Police Service Rules, 1971 (for short 'the Rules').
(2.) While making appointments to the Service, proportion as specified in Rule 5 has to be borne in mind-which, under normal circumstances is 1: 1 qua promotees and direct recruits, which, however, for reasons to be recorded, may be varied in the exigency of public service. The respondents herein, who are 4 in number were appointed after they had gone through the procedure of selection mentioned in Rule 24. They admittedly did not come to be appointed as per Rule 16. They came to occupy the promotional post of Assistant Commissioner of Police, by virtue of what has been provided in Rule 25. We would be called upon to determine whether the respondents were appointed under sub-rule (1 or sub-rule (3 of this rule. After having done so, we would be required to see as to how their seniority vis-a-vis the direct recruits has to be determined.
(3.) Rules 4, 14, 15, 16, 24, 25 and 29 of the Rules are relevant to determine the controversy at hand and they read as below: "4.Strength of the Service.- (1 The authorised permanent strength of the Service and the posts included therein shall be as specified in the Schedule. (2 The number of selection grade posts in the Service shall be 13 per cent of the authorised permanent strength of the Service. (3 The central government or the Administrator, subject to such conditions and limitations as may be specified by the central government, may, by order, create duty posts for such period as may be specified therein. * * * 14. Conditions of Eligibility and Procedure for Selection.- (1 The Committee shall consider from time to time the cases of officers eligible under clause (b) of sub-rule (1 of Rule 5, who have served in the respective cadre or posts, as the case may be, for not less than two years and prepare a list of officers recommended for appointment after taking into account the actual vacancies at the time of selection and those likely to occur during a year. The selection for inclusion in the list shall be based on merit and suitability in all respects for appointment to the Service with due regard to seniority. (2 The seniority of the officers eligible for consideration by the Committee under sub-rule (1 shall be determined by the central government with due regard to the dates of their appointments on a regular basis to the respective cadre or posts, the pay scales of the posts etc. : Provided that the persons belonging to the same parent service or Department shall be ranked inter se in order of their relative seniority in the parent Service or Department, as the case may be; (3 The names of persons included in the list shall be arranged in order of merit. (4 The list so prepared shall be forwarded by the Committee to the central government. 15. Consultation with the Commission.- (1 The list prepared under Rule 14 together with the relevant records shall be forwarded by the central government to the Commission, where consultation with the Commission is necessary or where the Chairman of the Committee desires that a reference be made to the Commission along with the relevant records. (2 If the Commission considers it necessary to make any change in the list received from the central government the Commission shall inform the central government of the changes proposed by it. (3 The list shall finally be approved by the central government after taking into account the changes, if any, proposed by the Commission, and where any changes suggested by the Commission are not accepted, the reasons for such non-acceptance shall be recorded in writing. (4 The list thus finally approved shall be in force until a fresh list is prepared for the purpose in accordance with these rules. All persons except those under the Himachal Pradesh Administration who immediately before the commencement of these roles were borne on the list approved by the central government under sub-rule (4 of Rule 15 of the Delhi, Himachal Pradesh and Andaman and Nicobar Islands Police Service Rules. 1965, shall be deemed to have been included in the same order in a list approved under sub-rule (4 of this rule. 16. Appointment to the Service.- Appointment to the Service shall be made in order of merit in the list referred to in sub-rule (4 of Rule 15 with due regard to the proportion specified in Rule 5. 24. Selection for Officiating Appointment.-If at any time the central government is of the opinion that the number of officers available in the list referred to in sub-rule (4 of Rule 15 for appointments to duty posts is not adequate having regard to the vacancies in such posts, it may direct the Committee to consider the case of officers who have officiated for a period of not less than three years in any of the cadres mentioned in clause (b) of sub-rule (1 of Rule 5 and prepare a separate list of officers selected. The selection for inclusion in the list shall be based on merit and suitability in all respects for 52 officiating appointments to duty posts with due regard to seniority. The provisions of sub-rules (3 and (4 of Rule 14 and Rule 15 shall apply mutatis mutandis in the preparation of the selection list under this rule. 25. Officiating appointment to duty posts of the Service.- (1 If a member of the Service is not available for holding a duty post, the post may be filled on an officiating basis- (a) by the appointment of an officer included in the list referred to in sub-rule (4 of Rule 15, or (b) if no such officer is available, by the appointment of an officer included in the list prepared under Rule 24. (2 Notwithstanding anything contained in these rules if the exigencies of public service so require, a duty post for which a member of the Service is not available may be filled on an officiating basis by the appointment with prior consultation with the Commission of an officer belonging to a State Police Service on deputation for such period or periods ordinarily not exceeding three years as the central government may consider necessary. (3 Notwithstanding anything contained in these rules, where appointment to a duty post is to be made purely as a local arrangement for a period of not exceeding six months, such appointment may be made by the administrator from persons who are included in the list prepared under sub-rule (4 of Rule 15, or Rule 24 or who are eligible for inclusion in such a list. (4 Any appointment made under sub-rule (3 shall be reported by the Administrator to the central Government forthwith. 29. Seniority.- The central government shall prepare a list of members of the Service arranged in order of seniority as determined in the manner specified below: (7 Member of the Service appointed at the initial constitution under Rule 17 shall be ranked inter se in the order of their relative seniority in the Delhi, Himachal Pradesh and Andaman and Nicobar Islands Police Service: Provided that if the seniority of any such officer had not been specifically determined before the commencement of these rules, it shall be as determined by the central government. (2 Seniority of person appointed to the Service under clauses (a) and (b) of sub-rule (1 of Rule 5 after the initial constitution under Rule 17, shall be determined as follows: (a) Persons recruited on the results of the competitive examination in any year shall be ranked inter se in the order of merit in which they are placed at the competitive examination on the results of which they are recruited, those recruited on the basis of an earlier examination 53 being ranked senior to those recruited on the basis of later examination. (B) The seniority inter se of persons recruited by selection shall be determined on the basis of the order in which their names are arranged in the list prepared under Rule 14, those recruited on the basis of an earlier selection being ranked senior to those recruited on the basis of a later selection. (C) The relative seniority of direct recruits and of promotees shall be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quotas of vacancies reserved for direct recruitment and promotion under Rule 5. ";