A junior officer cannot draw a higher grade pay than his senior.

Pradeep Nandrajog, J.

1. The Indian Police Service (hereinafter referred to as the ‘IPS’) is one of the many All India Civil Services. The pay band(s) and grade pay(s) admissible to a member of the IPS are as follows:-

S. No.	Name of Scale	Eligibility Criteria	Scale of Pay	Pay Band	Grade Pay in Rs.
1.	Junior Scale	Initial Appointment	Rs.15,600-39,100	PB-3	5400
2(i)	Senior Scale: (i) Senior Time Scale	Completion of 4 years of Service	Rs.15,600-39,100	PB-3	6600
2(ii)	Senior Scale: (ii) Junior Administrative Grade	Completion of 9 years of Service	Rs.15,600-39,100	PB-3	7600
2(iii)	Senior Scale: (iii) Selection Grade	Completion of 13 years of Service	Rs.37,400-67,000	PB-4	8700
3(i)	Super Time Scale:  (i) Deputy Inspector General of Police	Completion of 14 years of Service	Rs.37,400-67,000	PB-4	8900
3(ii)	Super Time Scale: (ii) Inspector General of Police	Completion of 18 years of Service	Rs.37,400-67,000	PB-4	10000
4(i)	Above Super Time Scale:	-	Rs.67,000 – (annual	-	-

   

	HAG Scale		increment @ 3%) – 79,000
4(ii)	Above Super Time Scale: HAG+	-	Rs.75,500 – (annual increment @ 3%) – 80,000	-	-
4(iii)	Above Super Time Scale: Apex Scale	-	Rs.80,000 (fixed)	-	-

2. Appointment to the service is by direct recruitment as also promotion/induction of substantive members of State Police Services including the Delhi, Andaman and Nicobar Islands, Lakshwadeep, Daman and Diu and Dadra and Nagar Haveli Police Service (hereinafter referred to as the ‘DANIPS’). Eligibility for appointment by promotion is 8 years of regular service in the post of Deputy Superintendent of Police or any other equivalent post.

3. As is clear from its nomenclature, DANIPS is a law enforcement police force in-charge of Delhi, Andaman and Nicobar Islands, Lakshwadeep, Daman and Diu and Dadra and Nagar Haveli. There are following 4 grades in DANIPS:-

S. No.	Grades of the Service	Eligibility Criteria	Scale of Pay	Pay Band	Grade Pay in Rs.
1(a)	Entry Grade (Group B)	Initial Appointment	Rs.9300-34800	PB-2	4800
1(b)	Entry Grade (Group B)	Completion of 4 years of approved Service	Rs.15,600-39,100	PB-3	5400
2.	Selection Grade (Group A)	Completion of 8 years of approved Service	Rs.15,600-39,100	PB-3	6600
3.	Junior Administrative Grade-II (Group a)	Completion of 13 years of approved Service	Rs.15,600-39,100	PB-3	7600
4.	Junior Administrative Grade-I (Group A)	Completion of 18 years of approved Service	Rs.37,400-67,000	PB-4	8700

6. The Indian Police Service (Appointment by Promotion) Regulations, 1955 deal with the promotion of an officer of a State Police Service including DANIPS to the IPS. Being relevant for our discussion, Regulations 2, 5, 7 and 9 need to be noted. They read as under:-

“2. DEFINITIONS: -

(I) In these regulations, unless the context otherwise requires:

(j) State Police Service means:

i) For the purpose of filling up the vacancies in the Indian Police Service cadre of the Arunachal Pradesh-Goa-Mizoram-Union Territories under rule 9 of the Recruitment Rules, any of the following services namely:-

a) The Delhi and Andaman & Nicobar Islands Police Service.

5. PREPARATION OF A LIST OF SUITBALE OFFICERS:-

(1) Each Committee shall ordinarily meet every year and prepare a list of such members of the State Police Service as are held by them to be suitable for promotion to the Service. The number of members of the State Police Service to be included in the list shall be determined by the Central Gov