Hemant Gupta, J. - (1.) THE challenge in the present writ petition is to the orders passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter to be referred as "the Tribunal") on 8.1.1990 (Annexure P -4) and 23.09.1998 (Annexure P -12) and to direct respondentsNo. 1 to 4 to implement the order dated 28.09.1988 (Annexure P -1) passed by the Tribunal.
(2.) THE petitioners were recruited as Constables in Chandigarh Police. The Constables in Chandigarh Police are governed by the provisions of the Punjab Police Rules, 1934 (hereinafter to be referred as "the Rules"), as applicable to the Union Territory, Chandigarh. Rule 13.7 of the Rules, Volume II, govern promotion to the post of Head Constable. An amendment was carried out on 4.3.1982 in Rule 13.7 of the Rules. The amended Rule provides that there shall be no test for Constables for their admission to the promotional course i.e. Lower School Course and they shall be admitted to the said course strictly on the basis of seniority -cum -merit i.e., record. Earlier to 4.3.1982, the names of Police Constables for admission to Lower School Course are required to be entered in List B (in form 13.7) in the order of merit, determined by the Departmental Promotion Committee on the basis of tests in (i) Parade (ii) written test in general law, and (iii) examination of service record. It has also come on record that the amendment carried out on 4.3.1982 was undone when Rule 13.7 of the Rules was again amended on 17.06.1988. By virtue of the amendment carried out on 17.06.1988, List B was to be maintained on the basis of test. For the purpose of brevity, the amendment carried out on 4.3.1982 in Rule 13.7 will be hereinafter called as "Seniority Rule" and the amendment carried out vide notification dated 17.6.1988 will be hereinafter called as "Test Rule". The validity of Rule 13.7 of the Rules as amended on 17.06.1988 was challenged by some of the Constables ( Constable Acchhar Chand and others )before the Tribunal. It was, inter alia, argued that the vacancies which arose after the amendment in Rule 13.7 of the Rules on 4.3.1982 are required to be filled in on the basis of the Rule in existence and not as per amended Rule 13.7 of the Rules.
(3.) THE learned Tribunal found that 71 posts of Head Constables were created after the amended Rule came in force. 15 Constables were sent for the course in April, 1988 and the remaining 56 posts have yet to be filled up. It was also found that for the course beginning October, 1988, the Chandigarh Administration has been allotted 50 seats for the Lower School Course. The learned Tribunal relying upon Y.V. Rangaiah v. : (1983)IILLJ23SC held that the applicants have vested right to be considered for Lower School Course. It was held to the followed effect: ...This observation to our mind fully applies to the facts of the present application in as much as the applicants have a vested right to be considered sent for Lower School Course which as observed earlier is a sine qua non for preparation of List 'B' i.e., promotion to the post of Head Constable has to be made on the basis of pre - amended rules. The dictum laid down in Y.V. Rangaiah v. State of Andhra Pradesh and Ors. has been recently followed in another case P. Ganeshwar Rao and Ors v. State of Andhra Pradesh and Ors. JT 1988(3) 570. The same view was taken by the Principal Bench of the Central Administrative Tribunal in Om Parkash v. Delhi Administration and Ors., 1988(2) AISLJ 133 to which one of us (J.D. Jain) was a party.;