RAJIV SAHAI ENDLAW, AMIT BANSAL
Manorama Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Rajiv Sahai Endlaw, J. - The six petitioners had earlier filed W.P.(C) No.8744/2011 and connected petition in this Court, impugning Rule 5(A)(1)(d) of the Central Reserve Police Force (CRPF) Rules, 1955, whereby a separate cadre for women incumbents had been prescribed up to the rank of Inspector, for the Mahila Battalion. The said writ petition was allowed vide judgment dated 24th May, 2013 and it was directed that, (i) a common seniority list of Sub Inspectors (GD), irrespective of their gender, based on their entry point seniority, be prepared; (ii) in case any Mahila Sub Inspector had not undertaken the course for promotion as Inspector, she shall be permitted to do so and appointed as Inspector and be deemed to have been appointed immediately before a person lower than her as per the entry point seniority; (iii) such of the petitioners who had completed the promotion course, shall be deemed to have been promoted as Inspector on the date when their immediate juniors were promoted; and, (iv) the aforesaid directions would also bind the promotions from Inspector to Assistant Commandant.
2. The respondents preferred SLP (C) No.6547-6548/2014 against the aforesaid judgment a
The judgment emphasizes the importance of considering public interest and the necessary experience in public office when granting promotions, even in cases where petitioners have succeeded in their c....
Promotions in public service must balance individual rights with public interest, emphasizing necessary experience for senior positions.
Settled seniority in government services, once established, cannot be disturbed after lengthy acceptance of terms and delay in seeking redress.
The main legal point established in the judgment is that challenges to administrative decisions must be timely and based on relevant legal provisions to merit consideration by the court.
The court held that seniority must be established based on actual service dates, not retrospective adjustments, reinforcing the principles established in prior rulings regarding promotions and upgrad....
Seniority in a cadre is governed by Law and Rules, and a petitioner cannot claim seniority from a date before being borne in the cadre.
Seniority for promotions must be determined by the date of first appointment in the relevant category, not by enlistment in a lower rank.
The Standing Order No. 1 of 2009 provides a framework for determining the seniority of Assistant Commandants in the C.R.P.F., particularly for those who are unable to complete training due to medical....
The practice of maintaining separate seniority lists for different wings in the Police Department had assumed the strength of law, and delay and laches barred the petitions.
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