Promotion is not a guaranteed right; Apex Scale is admissible only to the incumbent HoPF post and is a selection post; erroneous grants to others cannot be sustained; higher-direction advisories and court directions govern the process and eligibility.

ORDER(Oral)

Per: ANJALI BHAWRA, MEMBER (A):

1. The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“(8.2) To kindly pass the orders/directions to the Respondent no 1, the State Government of Haryana to grant the Apex Scale ofRs.2,25,000 (fixed) to the Applicant with effect from 13. 04. 2016, the day his juniors, Shri B.S. Sandhu IPS, (HY:1984), the then Chairman and Managing Director, Haryana Police Housing Corporation, Panchkula, Haryana and Shri K.P. Singh IPS, (HY:1985), the then Director General of Police (Head of Police Force), were granted the Apex Scale and grant consequent benefit including grant of pension of Rs.1,12,500 per month to the Applicant.”

2. The brief background of the case are that applicant is a retired IPS officer of 1983 batch allocated to Haryana cadre and superannuated from the post of Commandant General, Home Guard and Director, Civil Defence in the rank of Director General of Police on 31st May, 2016. He submits that he was at serial number 3 in the Seniority List of Indian Police Service officers in the State of Haryana before his superannuation. He alleged that two officers, junior to him Shri B. S. Sandhu IPS, (HY: 1984) at serial number 5 and Shri K. P. Singh IPS (HY:1985) at serial number 6 were promoted to the next higher rank of Director General of Police (Head of Police Force). But the Applicant, it is submitted, (at serial no 3) was denied the promotion without any cogent reason and thus superseded by his juniors in violation of Rule 3(2)(i) of Indian Police Service (Pay) Rules, 2016 . He further submitted that three officers who were senior to Shri K. P. Singh IPS (HY:1985) and were at serial number 1,3 and 5, in the Seniority List of Indian Police Service officers in the State of Haryana (Annexure A - 8), made representation to grant them the Apex Scale on the basis of Next Below Rule Shri Parminder Rai, IPS (HY: 1982) at serial no 1 Shri B.S. Sandhu, IPS (HY: 1984) at serial number 5 and the Applicant made a representation to grant them the Apex Scale in the month of June 2016 (Annexure A -11). It is submitted that Shri Parminder Rai (HY: 1982) [at serial no 1], a senior to the applicant as well as Shri B. S. Sandhu (HY: 1984) [at serial no 5], a junior to the Applicant, were granted Apex Scale on the basis of the Next Below Rule’ but the applicant (HY:1983) [at serial no 3], who was in between them in the seniority of IPS officers in the State of Haryana was not granted Apex Scale. The Applicant then made a representation to grant him the Apex Scale on the analogy of the two cases mentioned above on the basis of Next Below Rule (Annexure A - 10). Additional Chief Secretary to Government, Haryana, Home Department intimated the Applicant vide Memo dated the 10.07.2017 that only the Director General of Police (Head of Police force) is eligible to draw the Apex Scale of Rs. 80,000/- (fixed) and that as per DoP&T notification dated 18.10.2017, no ex-cadre post can be created in Apex Scale (Annexure A - 1). He submitted that the State Government considered the above mentioned rules which were in violation of the IPS (Pay) Rules and Guidelines for promotion of IPS officers (Annexure A-4 & A-20) while ignored the same in granting the Apex Scale to Shri Parminder Rai (HY: 1982) and Shri B. S. Sandhu (HY: 1984). The applicant has relied upon the judgment of E. P. Royappa Vs. State of Tamil Nadu ( AIR 1974 SC 555 ), Common Cause Vs UOI ( 1