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HARISH TANDON, RAI CHATTOPADHYAY
Poojan Prasad – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Harish Tandon, J.
1. The dispute relates to the confirmed seniority list of the Sub Inspector (Executive) of the Andaman and Nicobar Police dated 11.07.2019, where the petitioner is claiming himself to be promote, was placed below the direct recruits. According to the petitioner the decision of the authority as discerned from the said confirmed seniority list is contrary to the decision of the Supreme Court rendered in case of Union of India and other vs. N.R.Parmar and others reported in (2012) 13 SCC 340.
2. A little background of the dispute raised before us is required to be adumbrated for the purpose of clarity and the decision to be taken herein. Admittedly the petitioner is appointed as constable in the police administration of the islands and promoted to the post of Head Constable and further promoted to the post of the Assistant Sub Inspector in the Executive Branch on the basis of an order dated 16.07.2003.
3. The Director General of Police issued a standing order No. 9048 dated 03.10.2008 formulating the procedure for appointment to the post of a Sub Inspector (Executive) to the effect that the 50% of the vacancy shall be filled up by promotion amongst the serving
Seniority for government employees must be determined from the date of appointment, not the initiation of recruitment, as upheld in relevant Supreme Court decisions.
Seniority – Inter-se seniority between promotees and direct appointees – As far as posts of Income Tax Inspectors are concerned, principle of rota and quota or rotation of quota will apply.
Inter-se seniority for direct recruits/promotees appointed 27.11.2012-18.11.2019, not finalized by 18.11.2019, determined from recruitment process initiation date per 1986/2014 OMs, overriding later ....
Settled seniority cannot be retrospectively disturbed by review DPCs switching to post-based roster; vacancy-based DoPT methodology prevails over unamended RRs; protect pre-2015 promotee seniority an....
Service Laws – Seniority List – OMs made it clear that seniority of direct recruits had to be fixed from the date of appointment and not from date of initiation of recruitment process.
Seniority in government service is determined by the date of appointment, not just the year joined in the cadre, protecting prior established seniority rights.
The court established that seniority in public service appointments must follow prescribed vacancy-wise quotas instead of arbitrary cadre-based practices, ensuring compliance with statutory rules and....
Promotees cannot claim seniority over direct recruits as per established service rules regarding recruitment and seniority determination.
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