Judgment

S. K. DAS, Actg. C. J. (on behalf of himself and Ayyangar J.) : This is an appeal by special leave. The appellant is a member of the Indian Police Service. He joined that service on October 3, 1952 as a result of a competitive examination held in 1951, and was posted in the State of Punjab. He was confirmed on November 30, 1953. The time-scales of pay admissible to a member of the Indian Police Service consist of the junior scale and selection grade; see R. 3 of the Indian Police Service (Pay) Rules, 1954. In pursuance of sub-rule (1) of R. 4 of the Indian Police Service (Cadre) Rules, 1954, the Central Government made regulations known as the Indian Police Service (Fixation of Cadre Strength) Regulations, 1955. Under these regulations, Punjab has 57 senior posts in the Indian Police Service out of which some have to be filled by promotion in accordance with R. 9 of the Indian Police Service (Recruitment) Rules, 1954. To this aspect of the case we shall advert later. The number of junior posts is also laid down in the regulations. The Indian Police Service (Pay) Rules, 1954 also lays down in Schedule III - (a) posts carrying pay above the time-scale of pay of the Indian Pol