- (1.) These two appeals are connected. These deal with the rectification of year of allotment of absorption of the appellant in the first appeal and respondent in the second one Shri Markandey Singh (hereinafter called the appellant in the first appeal and respondent in the second appeal) in the Indian Police Service. Shri M. L. Bhanot is the respondent in the first appeal. He is appellant in the second appeal being Civil No. 1336 of 1976. By the order dated 21/07/1973, Shri Markandey Singh was assigned 1956 as the year of allotment in INDIAN POLICE SERVICE cadre. Shri Bhanot challenged the said order. The same was quashed by the learned Single Judge of Punjab and Haryana High court on 4/04/1974. Letters Patent Appeal against the said order was dismissed by the division bench of the said High court on 9/12/1975. The first appeal aforesaid arises from the said decision. In order to appreciate the position, it may be relevant to note that Shri Markandey Singh the appellant in the first appeal joined the U. P. State Service as Deputy Superintendent of Police on 17/11/1950 by passing a competitive examination. Two years later he was confirmed as such. In November 1953, he joined on deputation the Union Territory of Delhi which had at that time no police service of its own. While on deputation in 1958 and again in 1959-60, the appellant had officiated as Superintendent of Police but for administrative reasons was reverted back. In July 1960, Himachal Pradesh Indian Police Service was created and thereafter the Delhi Himachal Pradesh Police Service in March 1961. On 6/12/1961, Shri Singh was again promoted to officiate as Superintendent of Police. During the period of his officiation, his request for being absorbed in the Himachal Pradesh State Police Service was accepted and by an order dated 7/02/1963, he was absorbed in the State Service with effect from 27/11/1962. While he was continuing to officiate in the senior post as aforesaid, on 30/04/1965, he was confirmed in the Union Territory cadre of INDIAN POLICE SERVICE with effect from 14/05/1964. He was assigned 1958 as the year of allotment. He, however, made representation against the order of allotment in August 1969 to the central government claiming the benefit of officiation from December 6, 196 1/0505/1963 in the matter of fixation of his year of allotment. On 14/05/1963, the appellant's name had been brought on the select list of the officers to be promoted to the Indian Police Service and he was recruited with effect from the same date. It may be noted that during the preceding period of officiation as mentioned hereinbefore he was not on the select list. On 23/04/1970, his representation was rejected by the central government. He made a second representation on 23/06/1970. Shri Bhanot had appeared in theindian POLICE SERVICE examination. He was successful and recruited in the Police Service in October 1957. The year of allotment assigned to him was 1957. Shri Bhanot, was allotted the year 1957 on his joining the service, by examination and the appellant allotted the year 1958 as mentioned hereinbefore. In November 1962, the respondent, Shri Bhanot was promoted as Superintendent of Police in the Union Territory of Delhi with effect from 13/05/1961. In November 1966, reorganisation of State of Punjab took place and at that time Shri Bhanot was allotted to the joint INDIAN POLICE SERVICE cadre of Delhi and Himachal Pradesh. On coming to know in December 1972 about the second representation made by Shri Singh, Shri Bhanot wrote to the central government that he having been allotted the year 1957 was senior to Shri Singh and if any change was brought about in the year of allotment of Shri Singh which was 1958, he, the respondent, should be intimated of the reasons so as to enable him to make an effective representation. According to the respondent, which has been accepted by the division bench of the High court of Punjab and Haryana in the impugned judgment, he did not hear anything from the central government in spite of the several reminders. On 21/06/1973, the central government by its order of the same date gave the benefit of officiation for a period from December 6,196 1/05/1963 to Shri Singh and accepted his representation and assigned to him 1956 as the year of allotment. In consequence, Shri Singh was placed below one Shri B. P. Marwaha and above Shri Bhanot in the gradation list of Union Territory of Indian Police Service. Feeling aggrieved, Shri Bhanot filed the writ petition being Writ Petition No. 12 of 1974 before the High court. The learned Single Judge allowed the same. He held that Shri Singh being on deputation was not entitled to the benefit of officiation on senior post prior to 27/11/1962 with effect from which he was absorbed in Delhi Himachal Pradesh State Police Service. The representation made by Shri Singh was barred by time.
(2.) It was further held by the learned Single Judge that acceptance of the second representation of Shri Singh without giving an opportunity to Shri Bhanot was in violation of the principles of natural justice. In the premises the order dated 21/06/1973 was quashed by the learned Single Judge.
(3.) There were two appeals before the division bench one was filed by Shri Singh against the judgment of the learned Single Judge and the other was filed by the Union of India. Both these appeals were disposed of by the division bench by judgment in Letters Patent Appeal No. 231 of 1974 and for the reasons given in Letters Patent Appeal No. 231 of 1974, the appeal by the Union of India was also dismissed and being aggrieved by the said decision, the Union of India has preferred the second appeal herein namely Civil No. 1336 of 1976.;