ARUN RANJAN MUKHERJEE versus UNION OF INDIA & ORS.

ARUN RANJAN MUKHERJEE versus UNION OF INDIA & ORS.

The year of allotment for the appellant is to be fixed ad hoc by the Central Government in consultation with the Public Service Commission according to law and relevant materials, and neither the main clause nor the first proviso to Rule 3(3)(b) limits this discretion as contended by the appellant. The court rejected the assignment of an arbitrary officiation date by the government but did not itself fix a specific year of allotment.

Parties
Appellant: Arun Ranjan Mukherjee; Respondent No. 1: Union of India; Respondent No. 2: State of West Bengal
Jurisdiction
India
Judgment Date
29 April 1971
Procedural Posture
Civil Appeal / Supreme Court Appeal by Certificate From the Calcutta High Court
Outcome
Appeal allowed with costs against the Union of India.
Legal Topics
Seniority Fixation, Allotment of Year in Indian Police Service, Interpretation of Service Rules
Constitutional Law Administrative Law Service Law Seniority Fixation Allotment of Year in Indian Police Service Interpretation of Service Rules

Case Brief

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Parties

Arun Ranjan Mukherjee

Appellant

Union of India

Respondent No. 1

State of West Bengal

Respondent No. 2

Procedural Posture

Civil Appeal / Supreme Court Appeal by Certificate From the Calcutta High Court

Legal Issues

  1. 1 Whether the appellant is entitled to the year of allotment 1943 under Rule 3(3)(b) of the Indian Police Service (Regulation of Seniority) Rules, 1954.
  2. 2 Whether the first proviso to Rule 3(3)(b) applies only to joint cadre officers or more generally.
  3. 3 Whether the court can direct the specific year of allotment to be assigned or if such discretion lies with the Central Government.

Ratio Decidendi

The year of allotment for the appellant is to be fixed ad hoc by the Central Government in consultation with the Public Service Commission according to law and relevant materials, and neither the main clause nor the first proviso to Rule 3(3)(b) limits this discretion as contended by the appellant. The court rejected the assignment of an arbitrary officiation date by the government but did not itself fix a specific year of allotment.

Court Disposition

Appeal allowed with costs against the Union of India.

Orders

  • The Government of India, in consultation with the Public Service Commission, is to determine and allot ad hoc the year of allotment to the appellant according to law within two to three months.