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2023 Supreme(Cal) 1353

HARISH TANDON, RAI CHATTOPADHYAY
Poojan Prasad – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rajinder Singh
For the Respondents: Mr. Shatadru Chakraborty, Mr. Dibesh Dwivedi

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

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