O R D E R

Delivered By Hon’ble Mr. Devendra Chaudhry, A.M. :- Shri S.K. Om and Shri Anil Kumar Singh, learned counsel for the applicants, Shri Chakrapani Vatsyayan learned counsel for the respondent Nos. 1 and 2 and Shri Raghvendra Pratap Sigh holding brief of Shri K.P. Singh, learned counsel for the respondent Nos. 3 to 5, all are present in Court.

2. The present original application has been filed against the order dated 11.01.2016 passed by respondent-2 (R-2) whereby the applicants’ year of promotion / allotment of batch in the IPS cadre has been erroneously fixed as 2009 instead of 2007 and so they have been denied the benefit of weightage of services rendered by them in the Provincial Police Services (PPS). Despite several representations there has been no relief and hence the OA.

3. The following relief is accordingly sought:

i.

To issue directions quashing the order dated 11.1.2016 passed by R-2 insofar as it erroneously determines the year of allotment in the IPS cadre of the applicants’

ii.

To issue directions to the respondents to determine the seniority of the applicants in the IPS cadre including their batch wise seniority considering the actual services rendered by the applicants in the PPS including the weightage accrued to the applicants and to thereby issue a fresh seniority list iii.

To quash the Proviso of Clause contained in rule 3(3) (ii) of 1988 Rules 4. Per applicants, the facts of the case in brief are that the applicants were initially appointed on different dates in the PPS and belong to the batch of 1988 and 1989 as the case maybe. That they have accordingly joined on various dates as Dy. Superintendent of Police. That Shri Baburam - Respondent number- 6 (R-6) who belongs to 1987 batch had however had joined the PPS on 16.4.1995 for personal reasons although he had to join in the PPS in the year 1991 along with his other batchmates. That, on the other hand, the applicants belonging to the 1988 and 1989 batches having joined the PPS in April 1991 onwards, that is earlier to R-6. Over the passage of time a select panel was prepared for the year 2014 for promotion to the IPS cadre. In this panel, the name of the applicants as well as R-6 was considered and the applicants were allotted the year of seniority of 2009 along with R-6 being placed senior to the applicants as per the impugned seniority list (Annexure-1). That this fixation of seniority of applicants as 2009 is erroneous as per the rules regarding grant of weightage of past services rendered in the state in the PPS cadre. That this erroneous fixation has been done only to comply with the Explanation contained in Rule 3(3) (ii) of the Indian Police Service (Regulation of seniority) Rules 1988 (Annexure-3, in short ‘1988 Rules’) concerning fixing of the seniority of an officer who is senior in batch (in the present case R-6 of 1987 batch vis a vis the applicants of the 1988/1989 batches) even while overlooking the provisions concerning the fixing of weightage to be given for the past services rendered in terms of number of years in the PPS cadre in the case of the applicantsspecified as in Rule 3(3)(ii) of the 1988 Rules amended vide DOPT circular dated 18.04.2012 (Annexure-4).

5. That this error needs to be rectified and the respondents are free to fix any seniority of R-6 but without disturbing the seniority of 2007 which is accruable to the applicants given their 22-23 years of service and the consequential weightage which needs to be given for the same as per the extant rules. That since this correction has not been made inspite of granting of same relief in the matter of Kavindra Pratap Singh &Ors by this Tribunal in OA 463/2107 vide its judgement dated 31.03.2017. Hence it is prayed that the same relief may be allowed to the applicants in the same terms and conditions and the R-6 can be given benefit of appropriate seniority year as per above rules including Rule 3 of theAll India Services (Conditions of Service- Residuary Matters) Rules 1960. Sinc