Summary
The Court rejected a claim that protected higher grade pay on induction from DANIPS into IPS conferred seniority above direct recruits. Seniority was governed by service rules and IPS induction, not prior service in another cadre or pay protection. It allowed the Union’s appeals and set aside the High Court’s directions to amend the promotion regulations and pay rules.
Issues
- Whether higher protected grade pay on induction into IPS determined seniority over direct recruits.
- Whether the High Court could direct amendment of service rules.
Held
- Regularisation and induction had already been granted, leaving only the High Court’s grade-pay-based seniority finding and consequential rule-amendment directions for adjudication. (¶ 4–7)
- The Sixth Pay Commission addressed pay and benefits, not fixation of service seniority. Its grade-pay discussion concerned the hierarchy of posts within a service and did not give later entrants from another service seniority above existing IPS officers merely because their protected pay was higher. (¶ 9–14)
- Pay protection could result in an inducted officer drawing more than a senior direct recruit, without an additional seniority advantage. IPS seniority depended on induction into IPS rather than length of service in a different service before induction. (¶¶ 13–14, 16)
- Courts cannot direct legislation. The High Court’s directions to amend the Indian Police Service (Appointment by Promotion) Regulations, 1955 and Indian Police Service (Pay) Rules, 2007 were set aside. (¶ 15–16)
Result
Union’s appeals allowed; grade-pay-based seniority approach and rule-amendment directions set aside; no costs.