2013 LAB. I. C. 767 ::(2013) 8 ServLR 187 ::(2012) 6 AndhLD 458

Andhra Pradesh High Court

Hon'ble Judge(s): Goda Raghuram, M.S.Ramchandra Rao , JJ

( A ) All India Services Act (61 of 1951) S. 3 — Indian Police Service (Pay) Rules (2007) (as amended by Indian Police Service (Pay) Amendment Rules (2008)), R. 3 (2)(i) — Selection and pay scales — Procedure — Rules of 2007 had made no provision for process or methodology of selection of officers in rank of DGP-HAG and scale to post of DGP (HoPF) — Central Govt. had also not prescribed any criteria for selection as enabled by R. 3(2)(i) — Direction issued by Supreme Court in (2006) 8 SCC 1 would govern the field notwithstanding 2007 Rules — Selection shall be made by State Govt. in accordance with judgment of Supreme Court. 2006 AIR SCW 5233, Expl. (2011) 1 Andh LT 365 and W.P. No. 6917 of 2010, D/- 8-10-2010 (Mad), Relied on. (Paras97)

( B ) Constitution of India Art. 16 , Sch. 7 List 1 Entry 70 — All India Services Act (61 of 1951), S. 3 — Indian Police Service (Pay) Rules (2007) (as amended by Indian Police Service (Pay) Amendment Rules (2008)), R. 3(2)(i) — Selection on post of Head of State Police — Role of State Govt. — Post of Head of State Police force is in rank and scale of DGP (HoPF), a cadre post in IPS (a Central Service) governed by field of legislation enumerated in Entry 70 of Union List — State is per se authorized no role in appointment to post of DGP (HoPF). (Paras929394)

( C ) Constitution of India Art. 136 — Direction given by High Court to State Govt. — Appeal against — Effect of stay given by Supreme Court — Even if judgment of High Court is stayed by Supreme Court in appeal, its directives would be in force and would bind State Govt. and not eclipsed on account of stay of operation of judgment — Grant of stay does not extinguish norms predicted in judgment. (Paras97)