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SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
PALURE BHASKAR RAO ETC. ETC. – APPELLANT(S)
VERSUS
P. RAMASESHAIAH & ORS. ETC. – RESPONDENT(S)
CIVIL APPEAL NOS. 6795-6798 OF 2014 WITH CIVIL APPEAL NOS. 6799-6800 OF 2014 WITH CIVIL APPEAL NO.6801 OF 2014 AND CIVIL APPEAL NOS. 6802-6803 OF 2014
Decided On : 12-04-2017
(b) Andhra Pradesh Police Service Rules, 1966 – Rule 3 r/w Rule 2, 5 and 15 Andhra Pradesh Police Subordinate Service Rules – Reserve Sub-Inspector transferred as Sub-Inspector of Police (Civil) – Seniority – Above the existing Sub-Inspectors of Police recruited from other channels – But without the benefit of ‘carry on’ seniority – Appointment as Inspector of Police – Minimum 6 years service as Sub-Inspector of Police (Civil) – Transferred Reserve Sub-Inspector can claim appointment as Inspector of Police only after completing 6 years after transfer – Juniors Sub-Inspector of Police (Civil) recruited from different categories having 6 years of service as such entitled to be promoted before Sub-Inspector of Police (Civil) recruited on transfer from Reserve Sub-Inspector of Police, though senior but not completing 6 years of service as such (Para 11, 12, 17)
(1988) 2 SCC 233; (1997) 8 SCC 372; (2010) 12 SCC 471 – Relied upon
(c) Service law – Transfer and recruitment by transfer – Entirely two different concepts – Unless posts are interchangeable transfer both intra category and inter category is a selection and appointment by way of a transfer. (Para 14, 15)
(2001) 10 SCC 401; (2014) 16 SCC 593 – Referred
(d) Service law – Eligibility and seniority – Two different concepts – Promotion – Seniority cum merit or seniority – Eligible senior cannot be superseded – In merit cum seniority, seniority has to give way to merit – However, merit being equal senior will get the promotion. (Para 16)
Facts of the case:
The whole dispute in this case centers round interpretation of the Andhra Pradesh Police Subordinate Service Rules and the Andhra Pradesh Police Service Rules.
The simple issue to be tackled in this case is whether a Reserve Sub-Inspector of Police who is transferred on selection as Sub-Inspector of Police (Civil) in the A.P. Police Subordinate Service when recruited by transfer to A.P. Police Service and appointed as Inspector, should have 6 years of completed service as Sub-Inspector of Police (Civil) or a total service of 6 years including the service as Reserve Sub-Inspector? The Tribunal and the High Court have held that 6 years service required for appointment as Inspector under the A.P. Police Service should be as Sub-Inspector of Police (Civil) and the same does not include the service rendered as Reserve Sub-Inspector.
Finding of the Court:
Impugned judgment is not sustainable.
Result: Appeal allowed.
JUDGMENT
KURIAN, J.:
Seniority versus eligibility, transfer versus appointment by transfer, are the conflicting concepts arising for consideration in this case. The quintessence of the whole dispute centers round interpretation of the Andhra Pradesh Police Subordinate Service Rules and the Andhra Pradesh Police Service Rules.
2. The Andhra Pradesh Police Subordinate Service Rules consist of 7 classes. We are concerned with Class I. Class I consists of the following 7 categories :
“ Categories :
1. Sub-Inspectors of Police
2. Sub-Inspectors of Police (Intelligence)
3. Reserve Sub-Inspectors including the Bandmaster
4. Assistant Sub-Inspectors
5. Assistant Reserve Sub-Inspectors
6. Head Constables (including Band Head Constables, and Reserve Head Constables, in Armourers, Singallers and Motor Transport Drivers.
7. Constables including Band Constables Reserve Constables, Buglers and Bellowboys.”
Though the qualifications for appointment and scales of pay for the first three categories of Class I is one and the same, they are not interchangeable.
3. The category I-Sub-Inspectors of Police has later been re-designated as Sub-Inspectors of Police (Civil).
4. Method of appointment to category I Sub-Inspector of Police (Civil), under Rule 2 of the Subordinate Service Rules is done as per Annexure-I to the Rules.
“a) By promotion of HC’s upto 30% of cadre b) PCS, HCS, Police Ministerial staff of sportsmen upto 13% of cadre c) Direct recruitment upto 50% of cadre. d) Transfer of RSI’s from AR/APSP upto 5% (w.e.f. 02.04.1990 as amended by G.O. Ms. No. 270 Home) e) Compassionate appointment upto 2%”
As per Annexure-II (2) (9), a Reserve Sub-Inspector shall be eligible for appointment by transfer to the category of Sub-Inspector, after completion of 5 years of service and also subject to the requisite educational qualification prescribed for Sub-Inspector (Civil). Appointment by transfer to the post of Sub-Inspector (Civil) is made by way of selection by the State Level Recruitment Board.
5. The appointment by transfer from Reserve Sub-Inspector to the post of Sub-Inspector (Civil) against 5% reserved quota is optional.
6. Rule 15 of the Subordinate Service Rules deals with the seniority. Rule 15(a) and (c) are relevant which read as follows :-
“Rule 15. Seniority : (a) The seniority of a person in the class or category or grade shall, unless he has been reduced to lower rank as a punishment be determined by the date of his first appointment to such class or category or grade. If any portion of the service of such person does not count towards his probation under the General Rules his seniority shall be determined by the date of commencement of his service which counts towards probation….
XXX XXX XXX
(c) The transfer of a person from one class or category of the service to another class or category carrying the same pay or scale of pay shall not be treated as first appointment to the latter for purposes of seniority and the seniority of person so transferred shall be determined with reference to the date of his first appointment to class or category from which he was transferred. Where any difficulty or doubt arises in applying this sub-rule, seniority shall be determined by the appointing authority.”
In view of the statutory provision as above on seniority a Reserve Sub-Inspector selected and appointed as Sub-Inspector (Civil) against 5% quota will be entitled to retain his seniority from the date of his original appointment as Reserve Sub-Inspector of Police.
7. Inspector of Police, the next avenue open to the Sub-Inspector of Police is under the Andhra Pradesh Police Service and selection and appointment is governed by Andhra Pradesh Police Service Rules, 1966. Rule 3 of the A.P. Police Service Rules to the extent relevant, provides :-“Recruitment by transfer from the Sub-Inspectors of Police categories of Class I in the A.P. Police Subor
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