S.C.Mittal, J. - (1.) Shri Markandey Singh by passing a competitive examination joined the U.P. State Police Service as Deputy Superintendent of Police on 17th Nov., 1950. Two years later, he was confirmed as such. In Nov. 1953, he came on deputation to the Union Territory of Delhi, which had no p dice service of its own. In the course of deputation once in 1958 and then in 1959-60, he officiated as Superintendent of Police, but was reverted for administrative reasons. In July, 1960 Delhi Himachal Pradesh Indian Police Service Cadre was created. Then followed the creation of Delhi Himachal Pradesh State Police Service in March 1961. On 6th Dec., 1961, Shri Singh was again promoted to officiate as Superintendent of Police. During the period of his officiation, his request tor being absorbed in the Delhi Himachal Pradesh State Police Service was accepted. By order dated 7th Feb., 1963, he was absorbed in the said Service with effect from 27th Nov., 1962. While he was continuing to officiate in the senior post aforesaid, he, on 30th April, 1965, was confirmed in the Union Territory Cadre of Indian Police service with effect from 14th May, 1964. The year of allotment assigned to him was 1958. In Aug. 1969, he made representation to the Central Government claiming benefit of continuous officiation from 6th Dec., 1961 to 13th May, 1963, in the matter of fixing his year of allotment. The note worthy fact to be mentioned here is that it was on 14th May, 1963, that his name was brought on the selection List of officers to be promoted to the Indian Police Service and he was recruited with effect from the same date. During the preceding period of officiation referred to above he was not on the Select List. On 23rd April, 1970, his representation was rejected by the Central Government vide Annexure Rule 4. He made the second representation on 23rd June, 1970.
(2.) Shri M. L. Bhanot appeared in the I.P.S. examination held in 1956. On being declared successful, he was recruited to the Indian Police Service in Oct. 1957, the year of allotment assigned to him was also 1957. In Nov. 1962, he was promoted as superintendent of Police in the Union Territory of Delhi with effect from 13th March, 1961. In Nov. 1966, reorganisation of the State of Punjab took place At the time, Shri Bhanot was allocated to the joint I.P.S. cadre of Delhi and Himachal Pradesh. On coming to know of the second representation made by Shri Singh, in Dec. 1972, Shri Banot wrote to the Central Government that he having been allotted the year 1957 was senior to Shri Singh and that if any change was to be brought about in the year of allotment (1958) of Shri Singh, he (Shri Bhanot) be intimated of the reasons so as to enable him to make an effective representation. Shri Bhanot did not hear anything from the Central Government in spite of 'subsequent reminders.
(3.) Then on 21st June, 1973, the Central Government by its order Annexure P. 2, gave benefit of officiation from 6.12.61 to 13.5.63, accepted the second representation of Shri Singh and assigned to him 1956 as the year of allotment. In consequence, Shri Singh was placed below Shri V. P. Marwana (R.R. 1956) and above Shri Bhanot (R.R. 1957) in the Gradation List of union Territories Cadre of I.P.S. Feeling aggrieved, Shri Bhanot filed Civil Writ Petition No. 12 of 1974. The same was allowed by the learned single Judge for the reasons:- (1) Shri singh being on deputation was not entitled to get benefit of officiation on a senior post prior to Nov. 27, 1962, with effect from which he was absorbed in the Delhi Himachal Pradesh State Police service. (2) The representation made by Shri singh was barred by time; and (3) Acceptance of the second representation of Shri singh without giving opportunity to Shri Bhanot was in violation of the principles of natural justice. In the result, Annexure P. 2 was quashed. Against the judgment of the learned single Judge, Shri singh has filed L.P.A. No. 231 of 1974 and the Union of India's L.P.A. bears No. 267 of 1974. Both these appeals will be disposed of by this judgment.;