ORDER

Per: Hon’ble Suchitto Kumar Das, Administrative Member The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:

“a. Leave may kindly be granted to file their application jointly by the applicants under Rule 4(5) (a) of the Central Administrative Tribunals (Procedure) Rules, 1987 on the self same common cause of action; b. An order directing the respondent authorities to strictly adhere to the Indian Police Service (Appointment by Promotion) Regulations, 1955 while promoting the officers of the State Police Service not exceeding 33 1/3 % of the actual strength of the cadre; c. Consequently to pass an order directing the respondents authority to revoke the promotion orders issued in favour of the officers in the State Police Service for the year 2010 and 2011 made in excess of 33 1/3% of the actual strength of the cadre as on 1^st of January, 2010 and 1^st of January, 2012. d. Any other order and/or other orders as this Learned Tribunal Considers fit and Proper.” 2. Applicants are Direct recruit IPS officers of West Bengal Cadre belonging to 2008, 2009 and 2010 batches. 22 State Police Service (SPS) officers were promoted to IPS cadre vide select list for the year 2010 and 8 SPS officers were promoted vide select list for the year 2011. These 30 promotee IPS officers were assigned seniority giving weightage of 3 years for their service in the department as SPS officers. As a result, these promoted officers have become senior to the applicants who are direct recruit IPS officers. Aggrieved by the promotion of 30 SPS officers in two years andplacing them above the applicants, the applicants have filed this O.A. 3. Learned Counsel for the applicants submits that promotion of disproportionately high number of 30 SPS officers to IPS cadre in a short span of two years has jeopardized the promotion prospects of the applicants. The elevation of SPS officers to IPS has also given rise to a situation where officers who were once junior to the applicants have now become their seniors.

Applicants submit that the promote officers, private respondents in this case, should not be granted weightage in determination of their seniority.

Learned Counsel for the applicants further submits that as per the Indian Police Service (Regulation of Seniority) Amendment Rules, 2012, the proportion of promotee officer in the IPS cadre of a state will at no time exceed 33 1/3% of the total cadre strength. The total cadre strength of IPS officers in West Bengal in January, 2010 was 218 and in January, 2011, 212.

The number of Promotee IPS officers as on 01.01.2010 was 79 and on01.01.2011 was 72. The percentage of promotee IPS officers in the total cadre strength was 42% in 2010 and 43% in 2011 even before the induction of the private respondents in IPS in the select list for 2010 and 2011. Since the percentage of the existing promotee IPS officers was far in excess of the mandated limit of 33 1/3%, the authorities should not have promoted the private respondents in violation of the extant norms. Learned Counsel for the applicants submits that on this ground alone, the promotion of the private respondents is liable to be set aside.

Learned Counsel for the applicant further submits that some of the private respondents did not have adequate period of service in a substantive post as Dy. Superintendent to be eligible for being considered forpromotion to IPS. Therefore, the induction of these officers was irregular. 4. Per contra, respondents in their affidavit in reply to the O.A. have submitted that the rules on the subject stipulate that the limit of 33 1/3% is with respect to the sanctioned strength of the cadre and not the actual strength. Sanctioned strength of IPS cadre in West Bengal was 316 in 2010 and 2011. The strength of promotee officers in the cadre was pegged at amaximum of 105, i.e. 33 1/3% of 316. Total strength of promotee officer