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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Jagmohan Vishwakarma – Appellant
Versus
Union of India – Respondent
JUDGMENT
Neena Bansal Krishna, J. A petition under Article 226 of the Constitution of India has been filed on behalf of the petitioners for determining their seniority w.e.f. 04.10.2011, the date on which the result was declared and to place them senior to promotee Assistant Commandant, General Duty (hereinafter referred to as "AC/GD") promoted against the vacancy year 2011-12 as well as AC/GD selected through LDCE 2010-11 and consequential reliefs.
2. The petitioners are the direct recruits working as AC/GD with Indo-Tibetan Border Police (hereinafter referred to as "ITBP") under the administrative control of Union of India, Ministry of Home Affairs, Government of India/respondent No.1.
3. The Indo-Tibetan Border Police Force was raised on 24.10.1962 under the CRPF Act, 1949. Thereafter, the Parliament of India enacted the Indo-Tibetan Border Police Force Act, 1992 (hereinafter referred to as "ITBP Act, 1992") to provide for the constitution and regulation of the ITBP and for matter connected therewith. Section 153 of the ITBP Act, 1992 under Chapter XI provides for the classification of the officers and their rank and the manner in which their seniority has to be determined.
4.
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 ....
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 assigned to any employee could not be changed after a lapse of 7 years, though even on merit it was found that seniority of the petitioner therein had correctly been fixed.
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....
Seniority – Date of entry in a particular service or date of substantive appointment is the safest criterion for fixing seniority inter se between one officer or other or between one group of officer....
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