M.KARPAGA VINAYAGAM,.J. - (1.) THE petitioners, the Police Officers, having aggrieved over the promotion of their juniors to I.P.S Cadre overlooking their seniority, have filed these two writ petitions praying for quashing of the order dated 19.9.2006 passed in O.A Nos. 560/04 and 146/05 by the Central Administrative Tribunal, Circuit Bench at Ranchi, (hereinafter referred to as Tribunal).
(2.) THE petitioners, filed O.A Nos. 560/04 and 146/05 before Tribunal for quashing the select list dated 7.7.2004 prepared by the Selection Committee and for quashing the consequent notification dated 16.8.2004, whereby three Officers of the Jharkhand State Police Service, the juniors to the petitioners, were recommended for appointment on promotion to the cadre of Indian Police Service from the State of Jharkhand by -passing their seniority. They also prayed for directing the authorities for constituting a review D.P.C to consider their cases for the purpose of appointment by promotion to IPS cadre and to put their names in the selection list. Both these O. As have been dismissed by the Tribunal on the ground that there is no illegality in the selection list dated 7.7.2004 prepared by the Selection Committee as well as in the notification dated 16.8.2004. Aggrieved by that, the petitioners have filed these two separate writ petitions.
(3.) THE short facts are as follows: The petitioners were selected as Deputy Superintendent of Police in the year 1979. On 15.11.2000, State of Bihar was bifurcated into two States and the new State, namely, State of Jharkhand, was created. The State of Bihar was given the cadre strength of 163 IPS and the State of Jharkhand was given the cadre strength of 87 IPS. Out of 87, 26 were allocated to promotee quota of IPS. Again out of promotion quota of 26, 25 promotee IPS were in position in State of Jharkhand. As on 1.1.2001, one vacancy was available. One B.P. Sinha, promotee IPS, died on 6.6.2001. Therefore, due to his sad demise, one more vacancy was created. The first vacancy fell on 1.1.2001 by way of cadre transfer. One O.P. Khare from Bihar was appointed in IPS cadre in Jharkhand cadre on 31.10.2001. For the select list of 2003 against the promotion quota of 26, 23 promotee IPS Officers were in position as on 1.1.2003. During the year 2003, three vacancies had become available due to retirement of D.N. Singh, Rakhen Prasad Singh and R.B. Barno. As such, three vacancies were available for preparing the select list of 2003. Totally, four vacancies were determined for preparing the select list of 2001 and 2003 through letter dated 16.9.2003. In the meantime, one Vinoy Kumar Pandey from Bihar was allocated Jharkhand cadre. Then the Selection Committee was constituted under regulation 3 of the I.P.S. (Appointment by Promotion) Regulation, 1955. The Selection Committee selected three persons, respondents herein, who were juniors to the petitioners. Thereafter notifications had been issued promoting those respondents. Challenging the same, the petitioners have filed separate O.As, i.e. O.A Nos. 560/04 and 146/05, before the Tribunal.;