Judgment :

Dipak Misra, J.

1. Leave granted.

2. In this appeal, by special leave, apart from interpreting the precise connotative effect of Punjab Police Rules, 1934 (for short “the Rules”), specially Rule 13.7 of the Rules that governs the promotion of the constables in Chandigarh Police to the post of Head Constable, and the amendments that were incorporated on 4.3.1982, and another incarnation of the said amendments vide amendment dated 6.2.1988, we have also called upon to decide whether the High Court by the impugned judgment and order dated 18.12.2007 passed in Civil Writ Petition No. 16550 of 1998 whereby the orders passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short “the tribunal”) dated 8.1.1990 and 23.9.1998 were assailed has redeemed the cause of justice within the requisite parameters of law by lancinating both the orders of the tribunal and further issuing directions to recast the seniority list of Head Constables on the foundation of seniority rules and not to revert any Head Constable or the Assistant Sub-Inspector with the rider that they shall avail further promotion solely on the basis of their revised seniority warranting no interference by this Court or has acted beyond the ambit of jurisdiction in its appreciation and application of well settled principles that would make the order pregnable inviting its extinction.

The factual score needs to be depicted with necessitous chronology. The appellants and respondent Nos. 1 to 34 were recruited as Constables in Chandigarh Police by the Union Territory, Chandigarh and they are governed by the Rules as applicable to the Union Territory of Chandigarh. Rule 13.7 of the Rules which dealt with the promotions to the posts of Head Constables from the Constables prior to amendment of the Rule on 4.3.1982, provided that the names of Police Constables for admission to Lower School Course were required to be entered in List ‘B’ in order of merit determined by the Departmental Promotion Committee on the basis of test scheme in (i) Parade (ii) written test in general law and (iii) examination of service record. After the amendment of the said Rule a batch of confirmed Constables were sent for Lower School Course at Police Training College, Phillaur. The said course was for six months and it was held twice a year– one commencing in April and the other in October. A batch of fifteen Constables duly selected on the basis of the amended Rules was sent for Lower School Course in April, 1988. Thereafter vide notification dated 17.6.1988 the Rule 13.7 was amended by Punjab Police (Chandigarh Amendment) Rules, 1988 which came into force on the date of publication in the Chandigarh Administration Gazette. After the Rule was amended, the Senior Superintendent of Police, Chandigarh Administration issued a letter dated 27.6.1988 to the effect that a test would be held some time in September, 1988 as laid down in the amended Rules.

Being aggrieved by the said order Achhar Chand and 24 others filed O.A. No. 510-CH/88 before the tribunal challenging the validity of the said order.

It was contended before the tribunal that as they were confirmed Constables, they had acquired a valuable right to be considered for admission to the Lower School Course in accordance with the pre-amended Rules, i.e., the rules that existed between 4.3.1982 and 17.6.1988. The said submission was resisted by the Union of India and its functionaries asserting, inter alia, the amended Rule 13.7 having come into force the Department was entitled to go ahead with the selection as envisaged under the Rules. The tribunal, while narrating the facts, observed that, as conceded, 71 posts of Head Constables were created and sanctioned from which date the amended Rule came into force, and as against 71 posts, 15 Constables were sent for the course started in April, 1988 and the remaining 56 posts were yet to be filled up. It also took note of the fact that in the next course beginning Octob