* THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R. KANTHA RAO + W.P.NOs. 2257, 2337, 2880, 5225 AND 5238 OF 2010 % MONDAY, 22ND DAY OF NOVEMBER, TWO THOUSAND TEN # Government of Andhra Pradesh rep by its Chief Secretary, GAD, Hyderabad and Others … Petitioners versus $ Sri S.S.P.Yadav S/o late Lakhan Yadav, r/o Hyderabad and Others … Respondents ! Counsel for the Petitioners: Advocate General for the State assisted by the Government Pleader for GAD, and Others ^ Counsel for the respondents: Sri P.Venugopal, Counsel&Sri H. Srinivas; Sri P.Ashok Goud, Asst. Solicitor General And Others < Gist : >Head Note: ? 1. (2006) 8 SCC 1 2. (2003) 4 SCC 739 3. (2005) 6 SCC 776 4. (2005) 8 SCC 394 5. (2006) 6 SCC 430 6. (2007) 6 SCC 220 7. (2009) 2 SCC 592 8. 2002-Supreme-6-381 9. (1994) 1 All.ER 457 10. AIR 1952 SC 369 11. AIR 1953 SC 404 12. AIR 1958 SC 956 13. (1952) 2 All.ER 842 14. (1964) 2 All.ER 729 15. Air 1961 SC 418 16. *1896) AC 348 17. AIR 1962 SC 1073 18. AIR 1963 SC 1561 19. (1991) 172 CLR 1 20. AIR 1992 SC 81 21. AIR 1968 SC 816 22. AIR 1963 SC 953 23. (1982) 3 SCC 126 24. (1999) 5 SCC 624 25. AIR 1961 SC 1026 26. (1986) (Supp) SCC 584 27. (1995) 1 SCC 465 28. (1992) 2 SCC 547 29. (2008) 5 SCC 89 30. AIR 1936 PC 253 31. AIR 1960 SC 576 32. AIR 1969 SC 267 33. (1986) 3 SCC 604 34. (1988) (Supp) SCC 562 35. (1996) 10 SC 78 36. (2008) 12 SCC 306 37. (2008) 12 SCC 646 38. (1970) 2 SC 386 39. (1997) 11 SCC 605 40. (2001) 8 SCC 179 41. (2006) 5 SC 96 42. (1974) 4 SCC 3 43. (1998) 1 SCC 226 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE 22ND DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE GODA RAGHURAM and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION NO : 2257; 2337; 2880; 5225 & 5238 of 2010 W.P.No. 2257 of 2010 Between: Government of Andhra Pradesh, rep. by its Chief Secretary to Government, General Administration Department, A.P. Secretariat, Hyderabad. ..... PETITIONER AND 1 S.S.P. Yadav, S/o. Late Lakhan Yadav R/o. Quarter No.2, Old Secretaries Quarters, Kundan Bagh, Post Office, begumpet, Hyderabad. 2 Union of India, rep. by its Secretary, Ministry of Home Affairs, Government of India, North Block, New Delhi. 3 R.R. Girish Kumar, Andhra Pradesh, Hyderabad. 4 The Registrar, Central Administrative Tribunal, Akha Bhavan, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to and in connection with order dated 28.01.2010 in O.A.No.944 of 2009 on the file of the Central Administrative Tribunal, Hyderabad Bench, at Hyderabad and quash the same Counsel for the Petitioner: THE ADVOCATE GENERAL Counsel for the Respondent No.: MR.PONNAM ASHOK GOUD (ASST SOLICITOR GEN) W. P. NO : 2337 of 2010 Between: R.R. Girish Kumar S/o. Late R. Suryanarayana (Head of the Police Force) R/o. Hyderabad ..... PETITIONER AND 1 S.S.P. Yadav S/o. Late Lakhan Yadav APSRTC, Hyderabad R/o. Qr.No. 2, Old Secretaries Quarters, Kundan Bagh, Post Office, Begumpet, Hyderabad 2 Government of Andhra Pradesh Rep. by its Chief Secretary to Government of A.P. General Administration Department, Secretariat, Hyderabad 3 Union of India, Rep. by its Secretary, Ministry of Home Affairs Government of India, North Block, New Delhi 4 Central Administrative Tribunal Hyderabad Bench at Hyderabad Rep. by its Registrar .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue any writ order or direction preferably a writ in the nature of Certiorari calling for the records relating to the Order made in OA Nos 944/2009 dt. 28-1-2010 by the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same as being arbitrary violative of Article 14 and 16 of the Constitution of India by setting aside the same; and pending the writ petition suspend the operation of the Order made in OA No. 944/09 dt. 28-1-2010 by the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and to pass Counsel for the Petitioner: MR.P.VENUGOPAL Counsel for the Respondent No.: MR.PONNAM ASHOK GOUD(ASST SOLICITOR GEN) W. P. NO : 2880 of 2010 Between: Government of Andhra Pradesh, Rep. by its Chief Secretary to Government, General Administration Department, A.P. Secretariat, Hyderabad ..... PETITIONER AND 1 A.K. Mohanty S/o. Late K.B Mohanty R/o. Quarter No. 47, Punjagutta Officers Colony Punjagutta, Hyderabad 2 Union of India, Rep. by its Secretary, Ministry of Home Affairs, Government of India North Block, New Delhi 3 S.S.P. Yadav S/o. Late Lakhan Yadav Hyderabad, R/o. Qr.No. 2., Old Secretaries Quarters Kundan Bagh, Post Office, Begumpet, Hyderabad 4 R.R. Girish Kumar S/o. Late R. Suryanarayana A.P. Hyderabad 5 The Central Administrative Tribunal, Hyderabad Bench, HACA Bhavan, Saifabad, Hyderabad Rep. by its Registrar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of Certiorari calling for the records relating to and in connected with the order dt. 23-1-2010 in OA No. 999 of 2009 of the Central Administrative Tribunal Hyderabad Bench at Hyderabad and quash the same and pass Counsel for the Petitioner: THE ADVOCATE GENERAL Counsel for the Respondent No.: MR.PONNAM ASHOK GOUD(ASST SOLICITOR GEN) W. P. NO : 5225 of 2010 Between: S.S.P. Yadav S/o. Late Lakhan Yadav Godavari Valley Development Authority Planning Department, A.P. Secretariat, Hyderabad. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Chief Secretary to Government of Andhra Pradesh General Administration Department, Secretariat, Hyderabad 2 Union of India, rep. by its SEcretary Ministry of Home Affairs, Government of India North Block, New Delhi. 3 Sri. R.R.Girish Kumar Andhra Pradesh Saifabad, Hyderabad 4 The Central Administrative Tribunal, Hyderabad Bench, HACA Bhavan, Saifabad, Hyderabad, rep. by its Registrar .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction; more particularly one in the nature of a writ of Mandamus to : a) Declare the finding of the Hon'ble Tribunal in treating the 3rd respondent as an officer in the rank of DGP with effect from 10.12.2009 the date on which the ex-post facto approval was given by Government of India, though the Hon'ble Tribunal held the action of ther State Government in promoting the 3rd respondent to the rank of DGP was without basis, administrative requirement and contrary to 2nd proviso to Rule 4(2) of the Cadre Rules as illogical, irrigation and contrary to the spirit and object of 2nd proviso to $(2) of the Cadre Rules and also the Spirit, language and object of Rule 11 (7) of the Pay Rules beside being contrary to the dicta laid down by the Hon'ble Apex Court in Royyappa's case and also the very finding and conclusion arrived by the Hon'ble Tribunal in this regard; b) Declare the direction of the Hon'ble Tribunal in directing the 1st respondent to constitute a selection committee for undertaking the process of selection for the post of DGP ( HOPF ) though Hon'ble Tribunal held that the Petitioner was selected and appointed to the post of DGP ( HOPF ) on regular basis but not on officiating basis and that there was no material to show that the petitioner was " wanting " in leadership qualities and that whole action of the State Government was Only to promote the 3rd respondent as DGP ( HOPF ) as illegal and irrational and amounting to allowing the State Government to perpetuate its illegal action besides being contrary to principles of natural justice and the dicta of the Hon'ble Apex Court in Royyappa's case and PRakash Singh's Case; c) Declare the finding and conclusion of the Hon'ble Tribunal in treating the post of DGP ( HOPF ) and DGP ( HAG Plus ) as inter trasferrable, having held the post of DGP ( HOPF ) as promotional post as illogical irrational and unconstitutional; d) Declare the finding and conclusion of the Hon'ble Tribunal that by protecting the scale the DGP ( HOPF ) an officer in the said post can be transferred to any other post on the ground that it is the prerogative of the Hon'ble Chief Minister to Post DPG ( HOPF ) of his choice as violative of Fundamental rights of the petitioner and amounts to violating the dicta of the HOn'ble Apex Court in Royyappa's case and Prakash Singh's case; e) Declare that petitioner has been holding the post of DGP ( HOPF ) ever since he was holding the said post for all practical purposes; f) Direct the 1st respondent to post the petitioner to the post of DGP ( HOPF ) and to continue them as such till he attains age of superannuation; g) and to pass Counsel for the Petitioner:MR.J.SUDHEER Counsel for the Respondent No.: GP FOR GENERAL ADMINISTRATION W. P. NO : 5238 of 2010 Between: S.S.P. Yadav S/o. Late Lakhan Yadav Godavari Valley Development Authority Planning Department, A.P. Secretariat , Hyderabad ..... PETITIONER AND 1 A.K. Mohanty S/o. Late K.B. Mohanty R/o. Qr.No. 47, Punjagutta Officer's Colony Punjagutta, Hyderabad 2 Government of Andhra Pradesh Rep. by its Chief Secretary to Government of A.P. General Administration Department, Secretariat, Hyderabad 3 Union of India, Rep. by its Secretary Ministry of Home Affairs, Government of India North Block, New Delhi 4 R.R. Girish Kumar S?o. Late R. Suryanarayana A.P. Hyderabad 5 The Central Administrative Tribunal, Hyderabad Bench, HACA Bhavan Saifabad, Hyderabad, Rep. by its Registrar. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of a writ of Mandamus by setting aside that portion i.e, Para (f & g) of the Judgment dt. 28-1- 2010 in OA NO. 999/2009 on the file of Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad holding that the 1st respondent was appointed to the post of DGP (HOPF) on regular basis and granting the apex scale of Rs. 80,000/- (fixed) and any other ancillary benefits as bad illegal, illogical and unconstitutional and to pass Counsel for the Petitioner: MR.J.SUDHEER Counsel for the Respondent No.: MR.PONNAM ASHOK GOUD(ASST SOLICITOR GEN) The Court made the following Common order: THE HON’BLE SRI JUSTICE G. RAGHURAM AND THE HON’BLE SRI JUSTICE R. KANTHA RAO W.P.Nos. 2257; 2337; 2880; 5225 and 5238 of 2010 COMMON ORDER: (Per: The Hon’ble Sri Justice Goda Raghuram) Heard the learned Advocate General, instructed by the learned Government Pleader for the General Administration for the State; Sri P.Ashok Goud, the learned Assistant Solicitor General for the Union; Sri J.Sudheer, the learned counsel for Sri S.S.P.Yadav; and Sri P.Venugopal the learned counsel instructed by Sri H.Srinivas the learned counsel for Sri R.R. Girish Kumar, in the several writ petitions. Three (3) Directors General of Police of the Andhra Pradesh IPS Cadre, competing to head the Police force in the State, in the post of Director General of Police, Head of Police Force [DGP(HoPF)], has led to these writ petitions arising out of a common order of the learned Central Administrative Tribunal, Hyderabad Bench (for short ‘the Tribunal’), dated 28-01-2010 in O.A.Nos. 944 and 999 of 2009. The State has filed W.P.Nos. 2257 and 2880 of 2010 aggrieved by the order of the Tribunal in O.A. Nos. 944 and 999 of 2009; Sri R.R. Girish Kumar, IPS, the 3rd respondent in O.A.No. 944 of 2009 filed W.P.No. 2337 of 2010 against the order of the Tribunal in the O.A.; Sri S.S.P. Yadav, IPS, the applicant in O.A.No. 944 of 2009, instituted W.P.No. 5225 of 2010 against the order of the Tribunal as regards some of the conclusions recorded by the Tribunal and Sri S.S.P. Yadav, the 3rd respondent in O.A.No. 999 of 2009 has filed W.P.No. 5238 of 2010 against the order in the O.A., insofar as the Tribunal held that the applicant therein (Sri A.K. Mohanty, IPS) was appointed on a regular basis as DGP (HoPF) and declared his entitlement to the Apex Scale of Rs.80,000-00 (fixed) and to incidental benefits. Sri S.S.P. Yadav, Sri A.K. Mohanty and Sri R.R. Girish Kumar are senior officers of the Indian Police Service borne on the Andhra Pradesh cadre. Sri S.S.P. Yadav belongs to 1972 batch and Sri A.K. Mohanty to the 1975 batch, while Sri R.R. Girish Kumar is of the 1976 batch. The lis presented to the Tribunal: A) Sri Yadav filed OA No.944/09 challenging the orders in G.O.Rt. No. 4657 GAD dt 25.09.2009; G.O.Rt. No.4850 GAD dt 07.10.2009, and a memo No. 901/SC.C/A1/2009-2, dt 13.10.2009 and sought a direction to the State to restore his position as Head of Police Force (HoPF) in the apex scale with consequential and incidental benefits. B) OA No. 999/09 was filed by Sri Mohanty calling in question G.O.Rt. No. 2441 GAD dt 21.05.2009 as being in violation of the directions of the Supreme Court in Prakash Singh & Ors vs Union of India & Ors ([1]) and seeking a direction to the State to appoint him as DGP (HoPF) in the apex scale for the period prescribed by the Supreme Court and for incidental reliefs. Chronology of the relevant circumstances leading to the lis: 1) The admitted position (vide Para 9 of the counter of the State Government in OA No. 944/09) is that till 1996 there was only one sanctioned cadre post in the DGP grade and from 1997 there were two sanctioned cadre posts. It is also the admitted position that while the permitted utilization of officers in the DGP grade vide Rule 11(7) of the IPS (Pay) Rules, 2007 (the 2007 Pay Rules) is two (2) till 1996 and four(4) thereafter; since 1990 and up-to-date the number of officers in position in the DGP grade has always been and continues to be in excess of the utilization authorized under Rule 11(7). This position is admitted vide the table set out in Para 9 of the State Government’s counter in OA No. 944/09. 2) Earlier the Indian Police Service (Pay Rules) 1954 were in force and operation till the issue of the IPS (Pay) Rules 2007 (published and came into force from 21.02.2008). The 2007 Pay Rules were further amended by the IPS (Pay) Amendment Rules 2008, [2008 Amendments] notified on 22.09.2008 whereby in Rule-3(1) of the 2007 Pay Rules a new scale is introduced above the “HAG+” scale termed as the “Apex Scale”. The provision pertaining to the apex scale vide Rule-3 as amended by the 2008 Amendments reads: “Rs. 80,000 (Fixed) + Grade Pay Nil (by upgradation of existing post of Director General of Police as Head of Police Force in the State Cadre); With effect from the date of issue of Notification of the Indian Police Service (Pay) Amendment Rules, 2008)” Note 2 to this Rule enjoins: “The post of Director General of Police in the Apex scale shall be filled by selection from amongst the Officers holding the post of Director General of Police in the State in the cadre in the HAG+ Scale of Rs.75,500 – (annual increment @ 3%) – Rs. 80,000.” 3) In G.O.Rt. No. 759 GAD dated 7.11.2005 four officers of the 1972 batch including Sri Yadav were promoted to the rank of DGP in the scale of Rs.24,050 – 26,000. In anticipation of the retirement w.e.f. 31.10.2007 of Sri M.A.Basith as Director General and Inspector General of Police, by the order in G.O.Rt. No. 6648 GAD dt 30.10.2007 Sri Yadav was designated for posting as Director General and Inspector General of Police and took charge of this position on 31.10.2007. By G.O.Ms. No. 683 GAD dt 3.11.2008 [consequent on the creation (by upgradation of one of the two sanctioned cadre posts of DGP) of a post in the DGP (HoPF) scale-vide the 2008 Amendments issued w.e.f. 27.09.2008)], the State upgraded the existing cadre post of Director General and Inspector General of Police, Andhra Pradesh and designated the same as DGP (HoPF) in the apex scale of Rs.80,000 (Fixed), w.e.f. the date of issue of the Government of India notification i.e., 27.09.2008; and declared that the incumbent who holds this post is entitled to draw the apex scale of Rs.80,000 (Fixed), as long as he holds the said post. On account of the order in G.O.Ms. No. 683, Sri Yadav who was one of the officers in the DGP grade (and was posted on transfer as Director General and Inspector General of Police by G.O.Rt. No.6648 dt 30.10.2007) was allowed the apex scale of Rs.80,000 (Fixed), as an incumbent DGP (HoPF) and w.e.f. 27.09.2008. The State Government by a consequent memo dated 5.11.2008 informed the PAO, Hyderabad that Sri Yadav is holding the post of DGP (HoPF) is entitled to draw the apex scale of Rs.80,000 (fixed) w.e.f. the date of issuance of the Government of India notification of the 2008 Amendments i.e., 27.09.2008. 4) Sri Mohanty and two other officers of the 1975 batch were promoted to the above super-time scale of IPS in the rank of DGP in the scale of pay of Rs.24,050 – 26,000, in G.O.Ms.No. 593 GAD dated 10.08.2007. 5) During the general elections (held simultaneously to the Lok Sabha and the State Legislative Assembly) in 2009, pursuant to the directive of the Election Commission of India (vide letter dated 18.03.2009), the State in G.O.Rt.No. 1365 GAD, dated 19.03.2009 transferred Sri Yadav from the post of DGP and directed that he hand over charge of the post to the Addl. DGP (Welfare) and report to the G.A.D. Pursuant to further direction from the Election Commission of India (vide letter dt 22.3.2009) the State in G.O.Rt. No. 1401 GAD dated 22.03.2009 appointed Sri Mohanty (then serving as the Chairman, AP Road Safety Authority) as the DGP (HoPF). 6) After conclusion of the elections, the State by G.O.Rt. No. 2441 GAD, 21.05.2009 transferred Sri Mohanty from the post of DGP and directed him to report to the GAD for further posting; and posted Sri Yadav (who was awaiting posting after being relieved from the post of DGP by the earlier order in G.O.Rt.No. 1365) as the D.G.P. 7) In G.O.Rt. No. 3657 GAD, dated 23.07.2009 the State ordered the posting of Sri Mohanty (more than 2 months after he was relieved from the post of DGP vide G.O.Rt.No. 2441) as Chairman of the AP Road Safety Authority. 8) Sri Girish Kumar, [while substantively holding the post of Additional Director General of Police - serving as Director General (Vigilance & Enforcement) and ex-officio Principal Secretary to the Government, GAD (Vigilance & Enforcement)] was transferred and posted as Director General, Anti Corruption Bureau vide G.O.Rt.No. 6649 GAD dated 30.10.2007 and assumed charge of the post on 01.11.2007. The post of Director General, ACB, is one of the two sanctioned cadre posts in the DGP Grade. 9) It would appear that there was a persistent demand from the 1976 batch IPS Officers for grant of DGP rank on an assertion that they had completed more than three decades of service. This demand was under the consideration of the State for some time, but the request was not acceded to as there were already four officers incumbent in the DGP rank. Nevertheless, a selection committee was constituted to consider the suitability of two officers of the 1976 Batch – Sri Girish Kumar and Sri Balvinder Singh, for appointment to the DGP rank. The selection committee met on 24.09.2009 and found these officers ‘fit’ for promotion (to the DGP rank). However, as there were already four DGP rank officers serving in the State, the selection committee suggested to defer promotion of these officers. On further examination of the matter, the State considered the recommendations of the selection committee and decided to promote Sri Girish Kumar as Director General of Police and consequently by G.O.Rt. No. 4667, GAD, dated 25.09.2009, Sri Girish Kumar was promoted to the rank of DGP in the HAG+ scale of Rs.75,500 – 80,000 and posted as Director General, ACB (retained in the same post he was earlier working in his substantive position as Additional Director General of Police), vide Para 7 of the State’s counter in OA No. 944/09. 10) Through G.O.Rt. No.4733 GAD dated 1.10.2009, the State (in view of note-2 u/rule 3 of the 2007 Pay Rules and the mandate therein that the post of DGP (HoPF) be filled by selection from amongst officers holding the post of DGP in the State cadre in the HAG+ scale of Rs.75,500 – 80,000/-), constituted a committee (with the Chief Secretary as Chairman and two senior most Special Chief Secretaries as members), to prepare a panel of officers for appointment to the post of DGP (HoPF) from amongst existing officers in the rank of DGP in the HAG+ scale. 11) In para-8 of its counter (in OA No.999/09) the State has asserted that the selection committee considered the officers working in the rank of DGP and prepared a panel of three names. On consideration of the recommendation of the selection committee, the Government selected and posted on transfer Sri Girish Kumar as DGP (HoPF) vide G.O.Rt. No. 4850, GAD, dated 7.10.2009. 12) Sri Yadav filed OA No.944/09 in October 2009 challenging the order in G.O.Rt. No. 4657 GAD dated 25.09.2009 (promoting and appointing Sri Girish Kumar as DGP in HAG+ scale); G.O.Rt. No. 4850 GAD, dt 7.10.2009 [posting after selection; Sri Girish Kumar as DGP (HoPF) and on transfer placing the services of Sri Yadav at the disposal of the Transport, Roads & Buildings Department for appointment as VC&MD, APSRTC, Hyderabad in lieu of the incumbent Sri Dinesh Reddy]; and the consequent memo dated 13.10.2009 intimating the PAO, Hyderabad that on appointment as VC&MD, APSRTC on foreign service (vide G.O.Rt.4850), Sri Yadav would be governed by the enclosed terms and conditions viz., a pay in the above super-time scale of IPS in the rank of DGP – HAG+ scale of Rs.75,500 – 80,000. 13) In November 2009 Sri Mohanty filed OA No.999/09 challenging G.O.Rt. No. 2441 GAD, dt 21.05.2009 whereby he was transferred from the post of DGP and Sri Yadav (who was earlier transferred out from the post of DGP vide G.O.Rt. No.1365 pursuant to the directives of Election Commission of India and was awaiting posting), was posted as DGP. Core contentions, challenges and responses in OA Nos. 944 and 999 of 2009: OA No. 944/09: A) The applicant (Sri Yadav) a 1972 batch IPS Officer of the AP Cadre, was promoted to the rank of DGP on 7.11.2005. He was ‘selected’ as DGP, AP and posted as such in a vacancy occasioned on the superannuation of Sri M.A Basith, in G.O.Rt. No. 6648 GAD dt 30.10.2007 and assumed charge of the post of DGP on 31.10.2007. Consequent on the 2008 amendments to the 2007 Pay Rules, he was placed in the apex scale of Rs.80,000 (fixed) vide G.O.Ms. No. 683 dated 3.11.2008. B) Sri Girish Kumar was illegally promoted to the rank of DGP vide G.O.Rt. No. 4667 GAD, dt 25.9.2009 though there were already four officers in the rank of DGP grade in position including Sri Yadav, contrary to the mandate of Rule 4(2) of the IPS Cadre Rules 1954 (Cadre Rules) r/w Rule 11(7) of the 2007 Pay Rules. The illegality of Sri Girish Kumar’s promotion