IMPORTANT POINT
If a person challenges the selection process, successful candidates or at least some of them are necessary parties.

Headnote:Rajasthan Police Service Rules, 1954- Promotion on basis of seniority-cum-merit- Order of the Court affet third parties- In the case at hand the dispute relates to promotion which will have impact on inter se seniority. The learned counsel for the respondents assiduously endeavoured to convince us that they are agitating the grievance with regard to their promotion and it has nothing to do with the persons junior to them who had been promoted. Despite the indefatigable effort, we are not persuaded to accept the aforesaid proponement, for once the respondents are promoted, the juniors who have been promoted earlier would become juniors in the promotional cadre, and they being not arrayed as parties in the lis, an adverse order cannot be passed against them as that would go against the basic tenet of the principles of natural justice. On this singular ground the directions issued by the writ court as well as the Division bench pertaining to grant of promotion to the respondents are quashed. (Para 15)
        Service Law- Promotion- Non-joinder of necessary party - No order can be passed behind the back of the person that shall adversely affect him - In the event the order passed by the High Court is affirmed, the persons who are seniors to the respondents in the promotional cadre are bound to become junior regard being had to their seniority position in the feeder cadre. It is well settled in law that no order can be passed behind the back of the person that shall adversely affect him. (Para 11)
       Facts of the case :
        DPC though considered the case of the respondent, yet his case was not recommended for promotion for the vacancy occurring in 1996-97 as he was imposed with the punishment of censure on 1.12.1992. However, he was promoted thereafter in the year 1998. The High Court allowed the writ petition and quashed the order dated 1.12.1992 as far as it denied promotion to the respondent to the senior scale against the vacancies of the year 1996-97 as the promotion of the respondent could not have been deferred as the seniority was required to be given more weightage over the merit and directed that he was entitled to promotion to the senior scale against the vacancy of the year 1996-97 with all consequential benefits.
       Findings of the Court :
        For once the respondents are promoted, the juniors who have been promoted earlier would become juniors in the promotional cadre, and they being not arrayed as parties in the lis, an adverse order cannot be passed against them as that would go against the basic tenet of the principles of natural justice. On this singular ground the directions issued by the writ court as well as the Division bench pertaining to grant of promotion to the respondents are quashed.
       Result : Appeals allowed.

JUDGMENT

Dipak Misra, J.

Leave granted in both the special leave petitions.

2. Regard being had to the identic issue involved in both the appeals they were heard together and are disposed of by a common judgment. For the sake of convenience the facts from the appeal arising out of S.L.P. (C) No. 21202 of 2011 are adumbrated herein.

3. The respondent was appointed in Rajasthan Police Service (Junior Scale) after his selection through Rajasthan Public Service Commission (for short “the Commission”) vide order dated 19.10.1989. As stipulated in Rajasthan Police Service Rules, 1954 (for short “the Rules”) the R.P.S. cadre is divided into four categories and the lowest category is in the junior scale. The persons from the junior Scale are promoted to senior scale and thereafter to super time scale. The Rules provide that the person who has six years experience in junior scale becomes eligible for consideration to senior scale. A seniority list was published on 19.8.1997 wherein the name of the respondent found place at serial number 51 in junior scale. In respect of vacancies in the promotional posts arising against the quota of 1996-97 a Departmental Promotion Committee (DPC) was convened and on the basis of recommendations of the DPC persons junior to the respondent were promoted. It is apt to mention here that the criterion for promotion was seniority-cum-merit.

4. Be it noted, the DPC though considered the case of the respondent, yet his case was not recommended for promotion for the vacancy occurring in 1996-97 as he was imposed with the punishment of censure on 1.12.1992. However, he was promoted thereafter in the year 1998. In this backdrop the respondent approached the High Court by way of filing S.B. Civil Writ Petition No. 6574 of 1997 for quashing of the penalty of censure imposed on him on 1.12.1992 and further for setting aside the order dated 22.8.1997 whereby he had been superseded and his juniors had been promoted. A prayer was made for issue of a direction to consider his candidature for promotion to the post of senior scale in Rajasthan Police Service and, if he was found suitable, to promote him with all consequential benefits.

5. The writ court vide order dated 5.3.2010 came to hold that the promotion of the respondent could not have been deferred as the seniority was required to be given more weightage over the merit as per the decision rendered in B.V. Sivaiah and others v. K. Addanki Babu and others, (1998) 6 SCC 720. Being of this view the writ court allowed the writ petition and quashed the order dated 1.12.1992 as far as it denied promotion to the respondent to the senior scale against the vacancies of the year 1996-97 and directed that he was entitled to promotion to the senior scale against the vacancy of the year 1996- 97 with all consequential benefits.

6. Being dissatisfied with the aforesaid order the State of Rajasthan preferred D.B. Civil Special Appeal (Writ) No. 08449 of 2010. In the appeal circular dated 26.7.2006 which sets out certain guidelines relating to the types of punishments and their impact/effect on promotion of a personnel as per which the respondent was found unfit to be promoted was pressed into service. The Division Bench vide judgment and order dated 11.11.2010 placing reliance on B.V. Sivaiah (supra) and K. Samantaray v. National Insurance Co. Ltd., (2004) 9 SCC 286 and the decisions of the High Court of Rajasthan in Shankar Lal Balai v. State of Rajasthan and others, 2009 (Raj.) unreported cases page 777 Satyamani Tiwari v. State of Rajasthan and others, S.B.C.W.P.No. 2878/2003 decided on 11.8.2006 and various other pronouncements of the High Court came to hold that the circular dated 26.7.2006 was not applicable as the controversy relating to promotion pertained to the year 1996-97. The High Court further observed that in case of promotion based on seniority- cum-merit the person who had been inflicted with the penalty of censure which is a minor penalty, cannot be denied promotio

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2013 Supreme(SC) 979

IMPORTANT POINT If a person challenges the selection process, successful candidates or at least some of them are necessary parties.

Cases Referred (11)

IMPORTANT POINT
If a person challenges the selection process, successful candidates or at least some of them are necessary parties.