- (1.) It is not a matter of dispute, that the conditions of service including the manner and method of determining seniority in the cadre of Sub-Inspectors of Police, in the State of Andhra Pradesh, are regulated by the Andhra Pradesh Police (Civil) Subordinate Service Rules (hereinafter referred to as, the Service Rules), notified on 26.8.1959, read with the Special Rules notified on 14.12.1990. Learned counsel for the rival parties are agreed, that the issue of seniority (which is the pointed issue of dispute between the rival parties in the present appeals), is to be determined under rule 15 of the said rules, which is extracted hereunder:- "15. "Seniority:-- (a) The seniority of a person in the class or category or grade shall, unless he has been reduced to lower rank as a punishment be determined by the date of his first appointment to such class or category or grade. If any portion of the service of such person does not count towards his probation under the General Rules his seniority shall be determined by the date of commencement of his service which counts towards probation: Provided that in the case of Sub-Inspectors, Sub-Inspectors of Police (Intelligence) and Reserve Sub-Inspectors, the seniority inter se shall be fixed on completion of training in the Police Training College or with the Andhra Pradesh Special Police, as the case may be, instead of at the time of selection in accordance with the list which shall be arranged in order of merit, which shall be determined in accordance with the aggregate of marks obtained by each probationer-- (i) in respect of his record in the Police Training College or with the Andhra Pradesh Special Police, as the case may be; and (ii) at the final examination. In determining such order of merit, no account shall be taken of marks awarded to a probationer in any subject in which he has failed. But such seniority shall be liable to revision by the Deputy Inspector General of Police concerned if he considers it necessary, before completion of probation. This sub-rule shall not affect the seniority of any members of the service which may have been fixed expressly or by implication before the 19th November, 1941 or any orders as to seniority which may have been passed by competent authority before the 19th November, 1941. Provided that in the case of directly recruited Sub-Inspectors of Police (Intelligence) the inter se seniority shall be fixed on completion of training the Police Training College/Andhra Pradesh Police Academy, instead of at the time of selection, in accordance with the list which shall be arranged in order of merit, which shall be determined in accordance with the aggregate of marks obtained by each probationer in the tests and examinations prescribed for them in the training modules conducted at these Institutions. The seniority of the Sub-Inspectors of Police (Intelligence) appointed by transfer from among Sub-Inspectors of Police (Civil) or equivalent ranks of this service carrying the same scale of pay shall not be treated as first appointment but shall be determined with reference to the date of his seniority in the Class or Category from which he was transferred. Provided also that the inter se seniority of the Sub-Inspectors selected from among the Reserve Sub-Inspectors of Armed Reserve and Andhra Pradesh Special Police Battalions by transfer shall be fixed in the order of merit for each Range (Zone) separately based on the aggregate marks obtained by them in the final examination conducted at Police Training College at the end of six months training. In determining such order of merit, the marks secured in the failed subjects need not be taken into account. (b) The appointing authority may, at the time of passing an order appointing two or more persons simultaneously to a class or category fix for any reason the order of preference among them; and where such order has been fixed, seniority shall be determined in accordance with it. (c) The transfer of a person from one class or category of the service to another class or category carrying the same pay or scale of pay shall not be treated as first appointment to the latter for purposes of seniority and the seniority of person so transferred shall be determined with reference to the date of his first appointment to class or category from which he was transferred. Where any difficulty or doubt arises in applying this sub- rule, seniority shall be determined by the appointing authority. (d) Where a member of the service in any class, category or grade is reduced to a lower class, category or grade, he shall be placed at the top of the ladder unless the authority ordering such reduction directs that he shall take rank in such lower class, category or grade next below any special member thereof. (e) The seniority of qualified special policemen appointed by transfer as constables in this service shall be determined by the date of their first appointment in this service for purposes of confirmation in vacancies in this service. (f) The seniority of the Prohibition staff absorbed in this service shall be determined on the basis of their pay fixed with reference to Fundamental Rules 22 and 31, in the service:- Provided that the inter-se seniority of these at the same stage of the time scales of pay of the service will be determined by the dates on which they began to draw pay at that stage; and Provided further that no member of the Excise and Prohibition Department will, on appointment to this service, be senior to any member of the service who has put in the same or more period of service than himself. In the case of members of such ranks in the Excise and Prohibition Department, the scales of pay of which correspond to the scales of pay of the ranks of this service, the date of their first appointment in the Excise and Prohibition Department shall determine the seniority." Insofar as the above rule is concerned, the further admitted position is, that the inter se seniority between the rival parties is liable to be determined in terms of the first proviso to rule 15(a) extracted above.
(2.) Before venturing into the determination of the inter se seniority between the rival parties, it is necessary in the first instance, to delineate the factual position. We shall accordingly hereinafter, in the first instance, narrate the factual position, as it emerges from the pleadings, as also, from the different orders appended to the instant batch of civil appeals.
(3.) The Police Department of the State of Andhra Pradesh decided to fill up existing posts of Sub-Inspector of Police by way of direct recruitment. The Andhra Pradesh State Level Recruitment Board (hereinafter referred to as, the Recruitment Board) undertook the aforesaid exercise by issuing a notification dated 22.1.1991. As per the said notification, 470 posts of Sub-Inspector, in 7 different zones were sought to be filled up. The process of selection from amongst eligible candidates, was to be based on a physical test followed by a written test and an interview. Having concluded the aforesaid selection process, lists of provisionally selected candidates were prepared on the basis of their inter se merit in the selection process, for each of the 7 zones. While disposing of the present controversy, we have chosen to pass a common order, wherein we shall take into consideration the vacancies sought to be filled up for Zone V (Warangal range). In this behalf, it would be relevant to mention here, that the office of the Director General & Inspector General of Police, Andhra Pradesh, Hyderabad, issued a communication dated 11.4.1991/7.5.1991 indicating the names of provisionally selected candidates for Zone V (Warangal range). A list of candidates was attached to the aforesaid communication, depicting the provisional list of selected candidates for the above range. This list comprised of 38 names from the open category, 5 names from the backward class 'A' category, 7 names from the backward class 'B' category, 1 name from the backward class 'C' category, 5 names from the backward class 'D' category, 11 names from the scheduled castes category, 4 names from the scheduled tribes category, 2 names from the ex-servicemen category, 6 names from among the police executives, 1 name from the ministerial service, and 1 name from amongst the sportsmen.;