Order

The appellant was directly recruited to the post of District Superin­tendent of Police in the competitive examination conducted by the Tamil Nadu Public Service Commission in the year 1965. He joined service on 5.7.1965. At the relevant time he was officiating as Super­intendent of Police which is a post in the Indian Police Service. He was so officiating from 26.6.1975 to 5.5.1978. The substantive post held by him at the material time was of Additional Superintendent of Police which is in the State Police Service.

2. The dispute in the present case relates to the year in which the name of the appellant should have been included in the select list for appointment as Superintendent of Police. The name of the appellant was included, for the first time, in the select list prepared for the year 1978. According to the appellant, he should have been included in the select list which was prepared in the year 1977.

3. Under Regulation 5 of the IPS (Appointment by Promotion) Regula­tions, 1955 it is provided as follows:

“Regulation 5: Preparation of a list of suitable officers.

(i) Each Committee shall ordinarily meet at interval not exceed­ing one year and prepare a list of such members o