Central Administrative Tribunal-Hyderabad had suggested to nine Deputy Superintendents of Police seeking promotion from State Police Service to Indian Police Service (IPS) to approach the Centre.
The CAT-Hyderabad bench comprising its chairman L.Narasimha Reddy and member B.V. Sudhakar said the applicants can represent to the Centre to consider their case under Rule 3 of All India Services (Conditions of Service-Residuary Matters) Rules-1960. Disposing of the applications filed by nine DSPs, the bench said the Centre should pass appropriate orders within two months of receiving representation.
The applicants appeared for Group-I exams conducted by Andhra Pradesh Public Service Commission in the undivided State of Andhra Pradesh after a notification was issued in 1998 for 19 DSP posts. However, the government issued appointment orders to only 10 of them in 2001 on completion of selection process.
The remaining nine candidates moved the Tribunal, the High Court and the Supreme Court. After a prolonged legal battle, the government of undivided AP State issued appointment orders to these nine DSPs in 2011. For promotion from State Police Service to IPS, the DSPs should complete eight years of continuous service.
With the Central and State government considering their year of appointment as 2011, the applicants were not being considered for promotion to IPS. The applicants contended that they in fact got selected in 2001. They maintained that it was the State’s fault and not theirs which resulted in the delayed issuance of their appointment orders.
Power to relax rules
The bench said in its order that the Central government contemplated possibilities of extraordinary circumstances in All India Services.
The Central government has the power to relax the rules and regulations in certain cases under Rule 3 of All India Service Rules.
The bench observed that case of the applicants can be considered as extraordinary since their appointment was delayed by a decade due to the fault of the State government. Even the Supreme Court observed that it was the mistake of the State which resulted in injustice to the applicants.
The DSPs can make a representation to the Centre under Rule 3 to consider their case for promotion to IPS, the bench said.
