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2014 Supreme(SC) 400

S.S.NIJJAR, A.K.SIKRI
M. S. Sandhu – Appellant
Versus
State of Punjab – Respondent


JUDGMENT

A.K.SIKRI,J.

1. Leave granted.

2. The perennial dispute of seniority between the direct recruits and promotees, that keeps showing its fang time and again in one form or the other, has surfaced in these batch of appeals as well. Having regard to the nature of the dispute, we deem it proper to narrate the facts sequentially and while doing so, we will also be stating the respective positions which the parties to this lis have taken. In this manner by the time statement of facts is over, we shall have crystallized the issues as well, which need to be answered.

3. Genesis of the dispute lies in the Punjab Police Service Rules 1959 (hereinafter referred to as "1959 Rules") and the origin can be traced to the judgment of this Court in the case of Paramjit Singh & Ors. vs. Ram Rakha 1979 (3) SCC 478. The dispute before us relates to seniority in the cadre of Deputy Superintendent of Police (DSP) between the direct recruits and promotees in these proceedings, which was the subject matter of the aforesaid decision as well. However, before discussing the nature of dispute we would like to take stock of the relevant provisions of 1959 Rules.

4. 1959 Rules are framed by the Governor of Pu
















































































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