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2024 Supreme(Online)(CAT) 4721
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 2739/2023 Order reserved on : 18.04.2024 Order pronounced on : 25.06.2024 Hon’ble Mr. Manish Garg, Member (J)
Hon’ble Dr. Chhabilendra Roul, Member (A)
1. DR. PRIYANKA MISHRA Indian Police Service Director (Admn.)
Indira Gandhi National Centre for Arts Ministry of Culture, Janpath Building New Delhi-110070 W/o Mr. Veerendra Mishra R/o C9, 9436, Vasant Kunj, Delhi- 110070 Email: pmishra2005@gmail.com .…Applicant (By Advocate : Ms. Gauri Puri)
VERSUS
1. UNION OF INDIA Through the Secretary, Ministry of Home Affairs North Block New Delhi
2. DEPARTMENT OF PERSONNEL AND TRAINING (DoPT)
Through the Secretary Ministry of Personnel, P G and Pensions Government of India, North Block, New Delhi - 110 001
3. THE DIRECTOR GENERAL OF POLICE Police Head Quarter Jahangirabad, Bhopal - 462008 Madhya Pradesh
4. THE INSPECTOR GENERAL OF POLICE Police Head Quarter Jahangirabad, Bhopal - 462008 Madhya Pradesh Bhopal
5. Raghuvansh Kumar Singh Indian Police Service Police Head Quarter Jahangirabad, Bhopal - 462008 .... Respondents (By Advocate : Mr. Pradeep Kumar Sharma)
ORDER
Hon’ble Mr. Manish Garg, Member (J)
1. The Applicant herein is an officer of the Indian Police Service (“IPS”) appointed on promotion in the select list of 2019 from the State Police Service quota of Madhya Pradesh Cadre, which she joined on 02.01.1995.
2. Vide Order dated 24.01.2022 issued by the Ministry of Home Affairs, the Applicant’s year of allotment to determine her seniority under Rule 3(3)(ii) of the IPS Seniority Rules was fixed as 2011 in the following manner:-
S. No.
Name of Officer
Year of the Select List on the basis of which appointed to IPS
Date from which holding rank not below that of Dy. SP or equivalent
Date as treated as per DO&PT OM NO. 14014/14/2014- AIS-I dated 16.01.2018
Completed year of service rendered in rank not below that of Dy. SP or equivalent till 31st day of December of the year for which the SCM was held to prepare the select list on the basis of which the said officer was appointed to IPS (Fraction if any to be ignored)
Total weightage in years in terms of IPS (Regulation of Seniority) Rules, 1988 as amended vide notification No. 14014/ 54/96- AIS (I) dtd. 31.12.97, 14014/1412000 AIS(I) dtd 30.08.2005 and 14014/4/2011 AIS(I) B dated l8.D4.20l2. (Years)
Year of allotment
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
1.
Priyanka Mishra
2019
02.01.1995
01.01.1995
25
8
2011
2.1 However, the same was superseded vide Order dated 08.09.2022 bearing File No. I-15011/09/2020-IPS-I wherein the year of allotment of the Applicant was fixed as 2012 under Rule 3(3)(ii) of the IPS Seniority Rules as under:-
S. No.
Name of Officer
Year of the Select List on the basis of which appointed to IPS
Date from which holding rank not below that of Dy. SP or equivalent
Completed year of service rendered in rank not below that of Dy. SP or equivalent till 31st day of December of the year for which the SCM was held to prepare the select list on the basis of which the said officer was appointed to IPS (Fraction if any to be ignored)
Total weight-age in years in terms of IPS (Regulation of Seniority) Rules, 1988 as amended vide notification No. 14014/ 54/96- AIS (I) dtd. 31.12.97, 14014/1412000 AIS(I) dtd 30.08.2005 and 14014/4/2011 AIS(I) B dated l8.D4.20l2. (Years)
Year of allotment
(1)
(2)
(3)
(4)
(5)
(6)
(7)
3.
Raghuwansh Kumar Singh
2018
04.06.1996
22 Year
6
2012
9.
Priyanka Mishra
2019
02.01.1995
25 Year
8
2012*
2.2 The justification given was that in view of the proviso to Rule
3(3)(ii) of the IPS Seniority Rules as per which, the Respondent No. 5 (belonging to the select list of 1993 in the State Police Service Cadre and 2018 of the IPS Cadre) has to be senior to the Applicant (who belongs to the select list of 1994 in the State Police Service Cadre and 2019 of the IPS Cadre), The Applicant herein has more years of weight-age in view of her 25 years of continuous service as opposed to the continuous service of 22 years of the Respondent No. 5. Respondent No. 1 i.e Ministry of Home Affairs in several cases has extended the relief sought by the Applicant herein, to other similarly situated persons who approached the respective benches of the Hon’ble Central Administrative Tribunal at Allahabad & Lucknow, and passed orders re-fixing the seniority in terms of the continuous service rendered. Respondent No. 1 has issued orders re-fixing the seniority and determination of the year of allotment of IPS officers belonging to a junior batch vis-a-vis the officer(s) belonging to a senior batch who had lesser years of continuous service and weight- age by fixing the year of allotment of the senior officers notionally. Presently, the Applicant has been working on deputation upon her selection as Director (Admn.), Indira Gandhi National Centre for the Arts (IGNCA), Ministry of Culture, since 16.03.2021 in the Pay th Matrix
