- (1.) The appellant was appointed as Constable in Delhi Police on 18/6/1969. He was promoted as Assistant Wireless Operator (HC) , with effect from 24/2/1975. He was confirmed in the Grade of Head Constable with effect from 1/1/1981. The appellant was transferred to Motor Transport Branch as Head Constable/mt (Operational) on 21/2/1984. Since then he has been working as Head Constable, Motor Transport (Operational). In 1989, a post of Assistant Sub-INSPECTOR/mt (Operational) fell vacant, and eligible Head Constables, Motor Transport (Operational) were considered. The respondents declined to consider the appellant on the ground that he was not eligible under the Rules. The order declining to consider the appellant for the post of ASI/mt (Operational) is as under: "Hcs Ramesh Chander No. 610/l and Chaman Singh No. 337/l may please be informed that their requests for promotion to the post of ASI/mt (Operational) have been considered but could not be acceded to, as they were absorbed in MT Cadre against the post of HC/mt (Ops. ) on 25/1/1989 and 29/2/1989 respectively. According to Rule 17-A (viii) confirmed by HC/mt (Ops. ) with 5 years' service in the grade are eligible for promotion to the rank of ASI/mt (Ops. ). It is correct that they have completed 5 years' service and also confirmed as HC, but not completed 5 years' service in the grade of HC/mt (Ops. ). Thus, their names cannot be considered for promotion to the post of ASI/mt (Ops. ). "
(2.) The appellant challenged the order before the central Administrative tribunal. The tribunal dismissed his application. This appeal by way of special leave is against the judgment of the tribunal.
(3.) The relevant Rule 17-A (viii) of the Delhi Police (Appointment and Recruitment) (Amendment) Rules, 1986 is as under:;