DEVENDRA NARAYAN SINGH AND ORS. versus STATE OF BIHAR AND ORS.

DEVENDRA NARAYAN SINGH AND ORS. versus STATE OF BIHAR AND ORS.

Though the Select List was prepared in 1985 pursuant to the Supreme Court’s direction and approved in 1986, in law it is deemed to be a list for the year 1983; year of allotment for the appellants must be recalculated on this basis, and denial of this was an error by the Tribunal and Union Government.

Parties
Appellant: Devendra Narayan Singh and Ors.; Respondent: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
24 October 1996
Procedural Posture
Civil Appeal / Appeal From Decision of Central Administrative Tribunal, Patna Bench
Outcome
Appeal allowed
Legal Topics
Indian Police Service Promotions, Seniority Allotment, Preparation of Select List, Cadre Rules
Service Law Indian Police Service Promotions Seniority Allotment Preparation of Select List Cadre Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Devendra Narayan Singh and Ors.

Appellant

State of Bihar and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Decision of Central Administrative Tribunal, Patna Bench

Legal Issues

  1. 1 Whether the Select List prepared in 1985 pursuant to Supreme Court’s direction must in law be treated as the Select List for the year 1983 for purposes of seniority allotment to the Indian Police Service cadre.
  2. 2 Whether the Union Government and Central Administrative Tribunal erred in assigning the year of allotment to the appellants based on the date of Select List approval rather than the deemed year as per the Supreme Court’s earlier direction.

Ratio Decidendi

Though the Select List was prepared in 1985 pursuant to the Supreme Court’s direction and approved in 1986, in law it is deemed to be a list for the year 1983; year of allotment for the appellants must be recalculated on this basis, and denial of this was an error by the Tribunal and Union Government.

Court Disposition

Appeal allowed

Orders

  • Union Government to redetermine the year of allotment of the appellants on the premise that they were included in the Select List of 1983.
  • Appellants are entitled to consequential benefits to be given within three months from the date of receipt of this order.