MARKANDEY SINGH, I.P.S., & ORS. versus M.L. BRANOT, I.P.S., & ORS.

MARKANDEY SINGH, I.P.S., & ORS. versus M.L. BRANOT, I.P.S., & ORS.

Prior officiation before absorption in the relevant State Police Service cannot be counted towards seniority or year of allotment in the I.P.S. cadre unless expressly approved by the Central Government in consultation with Union Public Service Commission. Administrative rectification of the year of allotment outside periods prescribed by appeal or review rules is not permissible unless a clear mistake is established. In this case, the benefit of officiation claimed by Markandey Singh was rightly denied as per applicable rules and governmental order, and the High Court's quashing of the allotment order assigning 1956 was correct.

Parties
Appellant in CA No. 1335 of 1976 and Respondent in CA No. 1336 of 1976: Markandey Singh; Respondent in CA No. 1335 of 1976 and Appellant in CA No. 1336 of 1976: M.L. Bhanot; Appellant in CA No. 1336 of 1976: Union of India
Jurisdiction
India
Judgment Date
04 May 1988
Procedural Posture
Civil Appeal / Appeal From Punjab & Haryana High Court Letters Patent Appeals No. 231 and 267 of 1974, Judgment Dated 9.12.1975
Outcome
Appeals dismissed
Legal Topics
Seniority Fixation, Absorption in Indian Police Service, Year of Allotment, Administrative Review and Rectification, Rules Interpretation
Service Law Seniority Fixation Absorption in Indian Police Service Year of Allotment Administrative Review and Rectification Rules Interpretation

Case Brief

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Parties

Markandey Singh

Appellant in CA No. 1335 of 1976 and Respondent in CA No. 1336 of 1976

M.L. Bhanot

Respondent in CA No. 1335 of 1976 and Appellant in CA No. 1336 of 1976

Union of India

Appellant in CA No. 1336 of 1976

Procedural Posture

Civil Appeal / Appeal From Punjab & Haryana High Court Letters Patent Appeals No. 231 and 267 of 1974, Judgment Dated 9.12.1975

Legal Issues

  1. 1 Whether benefit of officiation in senior post can be claimed for fixation of year of allotment under proviso to rule 3(3)(b) of Indian Police Service (Regulation of Seniority) Rules
  2. 2 Whether Central Government's allotment order assigning 1956 as year of allotment to Markandey Singh was valid
  3. 3 Whether administrative authorities can rectify past orders for bonafide mistakes and whether delay bars such reconsideration

Ratio Decidendi

Prior officiation before absorption in the relevant State Police Service cannot be counted towards seniority or year of allotment in the I.P.S. cadre unless expressly approved by the Central Government in consultation with Union Public Service Commission. Administrative rectification of the year of allotment outside periods prescribed by appeal or review rules is not permissible unless a clear mistake is established. In this case, the benefit of officiation claimed by Markandey Singh was rightly denied as per applicable rules and governmental order, and the High Court's quashing of the allotment order assigning 1956 was correct.

Court Disposition

Appeals dismissed

Orders

  • Central Government directed to re-fix salary scale of appellant, taking into consideration appellant's service in U.P. and Himachal Pradesh cadre in senior posts as deputationist.
  • No order as to costs.