CHRISTOPHER NELSON v. UTTAR PRADESH SELECTION COMMISSION
2002-02-20
G.B.PATTANAIK, S.N.VARIAVA
body2002
DigiLaw.ai
ORDER 1. These two appeals involve the question of selection to the Indian Police Service from State Police Service. As it appears there was some inter se dispute with regard to the seniority in the State Police Service cadre. The Administrative Tribunal had taken a view in OA No. 1295 on 24th September 1991. Against that judgment, the matter had been carried to this Court, and this Court set aside the order of the Tribunal and remitted the matter to the Tribunal for fresh consideration in the light of the decision of the Supreme Court in Syed Khalid Rizvi v. Union of India, 1992(3) Scale 287 . On getting the matters on remand, the Tribunal passed an order on 2nd February1995 directing the respondent not to make any promotion or take further action pursuant to the earlier decision of the Tribunal, which has already been set aside by the Supreme Court. Notwithstanding the aforesaid order of stay passed by the Tribunal, the process of selection having been continued and persons having been selected for promotion, the matter was agitated again. By the impugned judgment, the said selection already made has been quashed and direction has been given to have further selection. 2. Mr. Mohta appearing for the appellant contends that since in the matter of determination of inter se seniority of the persons concerned, there has been no alteration, it would be a futile exercise requiring the Public Service Commission and/or the competent authority to have the process of selection afresh. According to the learned counsel even otherwise under the rules, the seniority has no role to play. 3. We, however, are not persuaded to accept this submission made on behalf of the appellant, as in our view, a competent authority having jurisdiction over the matter having stayed the process of selection, any selection made notwithstanding the continuance of the stay order must not be sustained. Consequently, we decline to interfere with the impugned order. These appeals fail and are accordingly dismissed.