Rajesh Kumar Singh vs State of Uttar Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 95

L. NAGESWARA RAO, INDIRA BANERJEE
Rajesh Kumar Singh – Appellant
Versus
State of Uttar Pradesh – Respondent

Advocates Appeared:
For the Appellant(s) : Mr. V. Sekhar, Sr. Adv. Mr. Rahul Kaushik, Aor Mr. C.K. Sharma, Adv. Mr. Gopi Chand, Adv.
For the Respondent(s): Ms. Garima Prashad, AOR Mr. Abhinav Agarwal, Adv.

JUDGMENT :

L. NAGESWARA RAO, J.

1. The Appellants were initially appointed as Constables in the State of Uttar Pradesh. Pursuant to an advertisement issued for filling up the posts of Constable Drivers, the Appellants participated in the selection test. They were selected and on completion of training they were appointed as Constable Drivers. Seniority list of Constable Drivers was prepared on 14.05.2015. In supersession of Government orders, the State Government in exercise of the power under Section 2 read with Section 46 (11) of the Police Act, 1861 framed Uttar Pradesh Police Motor Transport Unit Subordinate Officers Service Rules, 2015 (hereinafter, ‘the 2015 Rules’) to govern the selection, promotion, training, appointment, merit etc. and other conditions of service of the Motor Transport Unit of the Police Department. Posts of Inspector, Motor Transport, Sub-Inspector, Motor Transport, Head Constable, Motor Transport, Constable Driver and Head Constable Driver constitute the cadre of Motor Transport Subordinate Service. The post of Head Constable Driver Motor Transport according to the 2015 Rules, shall be filled up by selection from amongst Head Constables Drivers and Constab

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