JUDGMENT

1. The perennial dispute of service law inter se seniority between promotees and direct recruits has surfaced again in this appeal. This time the parties in dispute are officers belonging to DANI (Delhi and Andaman and Nicobar Islands) Police Service (the Service). To resolve the lie we shall have to first determine as to when the respondents can be said to have become members of the Service and then we have to find out as to how they are to be placed in the seniority list to be prepared as required by Rule 29 of the DANI Police Service Rules, 1971 (for short the Rules).

2. While making appointments to the service, proportion as specified in rule 5 has to be borne in mind which, under normal circumstances is 1:1 qua promotees and direct recruits, which, however, for reasons to be recorded, may be varied in #he exigency of public service. The respondents herein, who are 4 in number were appointed after they had gone through the procedure of selection mentioned in rule 24. They admittedly did not come to be appointed as per rule 16. They came to occupy the promotional post of Assistant Commissioner of Police, by virtue of what has been provided in rule 25. We would be called upon to determine whether the respondents were appointed under sub-rule (1) or sub-rule (3) of this rule. After having done so, we would be required to see as to how their seniority vis-a vis the direct recruits has to be determined.

3.Rules 4,14,15,16,24,25 and 29 of the Rules are relevant to determine the controversy at hand and they read as below:-

"Rule 4. Strength of the Service:

(1) The authorised permanent strength of the Service and the posts included therein shall be as specified in the Schedule.

(2) The number of selection grade posts in the Service shall be 13 per cent of the authorised permanent strength of the Service.

(3) The Central Government or the Administrator, subject to such conditions and limitations as may be specified by the Central Government may, by order, create duty posts in such period as may be specified therein.

Rule 14, Conditions of Eligibility and Procedure for Selection:

(1) The Committee shall consider from time to time the cases of officers eligible under clause (b) of sub-rule (1) of rule 5, who have served in the respective cadre or posts, as the case may be, for not less than two years and prepare a list of officers recommended for appointment after taking into account the actual vacancies at the time of selection and those likely to occur during a year. The selection for inclusion in the list shall be based on merit and suitability in all respects for appointment to the service with due regard to seniority.

(2) The seniority of the officers eligible for consideration by the Committee under sub- rule (1) shall be determined by the Central Government with due regard to the dates of their appointments on a regular basis to the respective cadre or posts, the pay scales of the posts etc;

Provides that the persons belonging to the same parent service or Department shall be ranked inter se in order of their relative seniority in the parent Service or Department, as the case may be;

(3) The names of persons included in the list shall be arranged in order of merit.

(4) The list so prepared shall be forwarded by the committee to the Central Government.

Rule 15. Consultation with the Commisssion:

(1) The list prepared under rule 14 together with the relevant records shall be forwarded by the Central Government to the Commission, where consultation with the Commission is necessary or where the chairman of the Committee desires that a reference be made to the Commission alongwith the relevant records.

(2) If, the Commission. considers it necessary to make .my change in the list received from the Central Government the Commission shall inform the Central Government of the changes proposed by it.

(3) The list shall finally be approved by the Central Govt. after taking into account the changes, if any, proposed by the Commission, and where c