(Per GADa Raghuram, J.)

Heard the learned Advocate General, instructed by the learned Government Pleader for the General Administration for the State; Sri P.Ashok Gaud, the learned Assistant Solicitor General for the Union; Sri J .Sudheer, the learned counsel for Sri S.S.P.Yadav; and Sri P.Venugopal the learned counsel instructed by Sri H.Srinivas the learned counsel for Sri R.R. Girish Kumar, in the several writ petitions.

2. Three (3) Directors General of Police of the Andhra Pradesh IPS GADre, competing to head the Police force in the State, in the post of Director General of Police, Head of Police Force [DGP(HoPF)], has led to these writ petitions arising out of a common order of the learned Central Administrative Tribunal, Hyderabad Bench (for short 'the Tribunal'), dated 28-01-2010 in O.ANos. 944 and 999 of 2009.

3. The State has filed W.P.Nos. 2257 and 2880 of 2010 aggrieved by the order of the Tribunal in O.A. Nos. 944 and 999 of 2009; Sri R.R. Girish Kumar, IPS, the 3rd respondent in O.ANo. 944 of 2009 filed W.P.No. 2337 of 2010 against the order of the Tribunal in the O.A; Sri S.S.P. Yadav, IPS, the applicant in O.ANo. 944 of 2009, instituted W.P.No. 5225 of 2010 against the order of the Tribunal as regards some of the conclusions recorded by the Tribunal and Sri S.S.P. Yadav, the 3rd respondent in O.ANo. 999 of 2009 has filed W.P.No. 5238 of 2010 against the order in the O.A., insofar as the Tribunal held that the applicant therein (Sri A.K. Mohanty, IPS) was appointed on a regular basis as DGP (HoPF) and declared his entitlement to the Apex Scale of Rs. 80,000-00 (fixed) and to incidental benefits.

4. Sri S.5.P. Yadav, Sri AK. Mohanly and Sri R.R Girish Kumar are senior officers of the Indian Police Service borne on the Andhra Pradesh GADre. Sri S.S.P. Yadav belongs to 1972 batch and Sri AK. Mohanty to the 1975 batch, while Sri R.R Girish Kumar is of the 1976 batch.

5. The lis presented to the Tribunal:

(A) Sri Yadav filed OA No.944/09 challenging the orders in G.O.Rt. No. 4657 GAD dt. 25.09.2009; G.O.Rt. No.4850 GAD dt. 07.10.2009, and a memo No. 901/SC.C/A1/2009-2, dt 13.10.2009 and sought a direction to the State to restore his position as Head of Police Force (HoPF) in the apex scale with consequential and incidental benefits.

(5) OA No. 999/09 was filed by Sri Mohanty calling in question G.O.Rt.No. 2441 GAD dt. 21.05.2009 as being in violation of the directions of the Supreme Court in Prakash Singh and others v. Union of India and others (1) 2007 (1) ALT (Crl.) 30 (SC) = 2006 (8) SCJ 577 = (2006) 8 SCC 1 = 2007 (2) ALT 2.3 (DN SC) and seeking a direction to the State to appoint him as DGP (HoPF) in the apex scale for the period prescribed by the Supreme Court and for incidental reliefs.

(1) The admitted position (vide Para 9 of the counter of the State Government in OA No. 944/09) is that till 1996 there was only one sanctioned GADre post in the DGP grade and from 1997 there were two sanctioned GADre posts. It is also the admitted position that while the permitted utilization of officers in the DGP grade vide Rule 11 (7) of the IPS (Pay) Rules, 2007 (the 2007 Pay Rules) is two (2) till 1996 and four(4) thereafter; since 1990 and up-to-date the number of officers in position in the DGP grade has always been and continues to be in excess of the utilization authorized under Rule 11(7). This position is admitted vide the table set out in Para 9 of the State Government's counter in OA No. 944/09.

(2) Earlier the Indian Police Service (Pay Rules) 1954 were in force and operation till the issue of the IPS (Pay) Rules 2007 (published and came into force from 21.02.2008). The 2007 Pay Rules were further amended by the IPS (Pay) Amendment Rules 2008, [2008 Amendments] notified on 22.09.2008 whereby in Rule-3(1) of the 2007 Pay Rules a new scale is introduced above the "HAG+" scale termed as the "Apex Scale". The provision pertaining to the apex scale vide Rule-3 as amended by the 2008 Amendments reads:

"Rs. 80,000 (Fixed) +