ARUN RANJAN MUKHERJEE versus UNION OF INDIA & ORS.

Citation: [1971] SUPP. 1 S.C.R. 574 · Decided: 29-04-1971 · Supreme Court of India · Bench: S.M. SIKRI · Disposal: Appeal(s) allowed

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Judgment (excerpt)

A 
B 
c 
D 
E 
F 
G 
H 
ARUN RANJAN MUKHERJEE 
v. 
UNION OF INDIA & ORS. 
April 29, 1971 
[S. M. SiKRI, C. J., G. K. MITTER, C. A. VAIDIALINGAM, 
P. JAGANMOHAN. REDDY AND I. D. DUA, JJ.] 
Indian Police Service (Regulation of Seniority) Rules 1954, r. 3(3)(b) 
-Fixation of year of allotment-Officer recruited directly to Indian Police 
in 1945 is not direct recruit for purpose of main part of r. 3(3) (b)-
First proviso to r. 3(3)(b) does not relate only to 'joint cadre'-Court 
must not interfere with discretion of Central Government to fix year of 
allotment on ad hoc basis under first proviso, 
The appellant joined the Indian Army as a Commissioned Officer in 
1942. 
He became a Major in 1945. The appellant's services were lent 
to the State of West Bengal and accordingly on 10-1-1949 the appellant 
was posted as Commandant of the Special Police Battalion, a post cor-
responding to a senior post in the Indian Police Service. 
The appellant 
with bis consent, was appointed to the West Bengal State Police Service 
on 1'7-1953. On 8th September 1954 the Indian Police Service (Recruit· 
ment) Rules, 1954, Indian Police Service (Cadre) Rules, 1954 and tbe 
Indian Police Service (Regulation of Seniority) Rules 1954 were framed by 
the Government of India under s. 3 of the All India Services Act 61 of 
1951. 
On 6th June 1955 the Indian Police Service (Appointment by 
Promotion) Regulations 1955 were also issued under which 25% of the 
senior posts were allotted to the Indian Police Service cadre in each State. 
The appointment of the appellant was outside this quota. On 31st Ju)y 
1958 the appellant was appointed on probation in the State Cadre of 
West Bengal. 
In December 1959 he was substantively appointed to a 
senior post in the Indian Police Service and confirmed thereon with effect 
from 21st July 1958. 
In December 1958 the Ministry of Home Affairs 
conveyed to the Government of West Bengal its decision to fix the pay 
of the appellant in the senior scale of the Indian Police Service notionally 
from 10-1-1949, the date from which he held an Indian Police Service 
Cadre post continuously. On 19th January 1960 the Indian Police Servi.cc 
(Seniority of Special Recruits) Regulations 1960 ·were framed pursuant to 
r. 5-A of the Seniority Rules. On 11-10-1960 the Government of India in 
consultation with the Union Public Service Commission decided to allot 
to the appellant the year 1948. The year of allotment was subsequently 
changed to 1947 on the basis that the officiation of the appellant as well 
as that of the junior most direct recruit, in a senior scale did not start be-
fore 19th 1'.1ay 1951. The appellant filed a writ petition under Art. 27.6 
of the Constitution. The Single Judge, allowing his petition, held that the 
date from which the appellant continuously officiated was 10-1-1949 and 
that accordingly the year 1943 allotted to D the Juniormost direct recruit, 
should olso be allotted to the appellant. 
The learned Judge also hold 
that the first and second provisos to r. 3(3) (b) of the Senioritv Rules 
were not applicable to the appellant. The Division Bench in appeai agreed 
with the Single Judge, that the date of continuous officiation of the appel-
lant was 10-1-1949. But the High Court thought that the year 1947 allot-
ted to the appellant on the basis of his officiation from 19th May 1951 
could not be sustained because the latter date had been held by this Court 
to be irrelevant in Nim's case. Non-the-less the year of allotment 1948 
A. R. MUKHBR!Bll v. UNION (Jagan mohan Reddy, J.) 
assigned to the appellant in the order of 11th October 1960 was sustained 
because it was on an ad hoc basis. Against the High Court's order the 
appellant appealed to this Court by certificate. His contentions were: 
(i) that under the main clause of r. 3(3). (b) of the Seniority Rules the year 
1943 should be allotted to him as the said year had been allott<d to D 
lhe juniormost direct recruit; (ii) that the first proviso to r. 3(3)(b) did not 
apply to him as it applied only to those .in the joint cadre; (iii) that this 
Court should deduct the 'P' factor from the date of officiation which as 
held by the High Court was 10th January 1949 and allot to hlm the year 
1943 as the year of allotment. Dismissina the appeal, 
· 
HELD: (i) D was an Indian Police Officer recruited in 1945. He be-
came a member of the Indian Police Service under sub-r. (l) of r .. ' of the 
Indian Police Service (Recruitment) Rules 1954 on 

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