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V. KAMESWAR RAO, SAURABH BANERJEE
Asi/t Arun Kumar Mishra And Ors – Appellant
Versus
Union of India And Ors – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral) - This petition has been filed by the petitioners with the following prayers:
"It is therefore most respectfully prayed that this Hon'ble Court may be pleased to:
(A) Issue of a Writ of Certiorari quashing Clause 4 Column 12 of the Schedule of the Central Reserve Police Force Croup 'B' and 'C (Radio Operator, Crypto, Technical, Radio Fitter, Draughtsman) (Non-Gazetted) Male or Female ranks (Signals) Recruitment Rules, 2006 (hereinafter referred to as the 'Rules') to the extent it states that a Head Constable (Radio Fitter) shall be remustered as an Assistant Sub Inspector (Technical) after they are selected in the aptitude test end successfully qualify the Basic Radio Mechanic Course (BRMC),
(B) Issue a Writ of Certiorari quashing of the gradation list dated 01.03.2016 for ASI/T.
(C) Issue a Writ of Certiorari quashing all orders denying the Petitioners the seniority from the date the BRMC commences
(D) Issue a Writ of mandamus directing the Respondents to refix the seniority of the Petitioners as ASI/T from the date of commencement of their respective BRMC Course
(E) Issue a writ of Mandamus directing the Respondents to grant 1st MACP to the Petitioner
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 main legal point established in the judgment is the relevance of Gazette Notifications and their impact on determining seniority, considering past practice and the impact of delays in revising se....
The court upheld that seniority must be determined based on recruitment batch and performance in training, emphasizing timely challenges to promotions are essential to maintain stability in service r....
Promotions in public service must adhere to established seniority principles, ensuring fairness and adherence to procedural requirements in administrative decisions.
For employees recruited through a formal selection process, inter se seniority must be determined strictly according to merit rank as specified by governing service guidelines, rather than by the dat....
The appointment date and seniority of a candidate should be based on their exam rank, and failure to communicate potential loss of seniority can be held against the authorities.
Point of Law : Cognizance of the State resorting to irregular recruitment and issued a direction to the effect that seniority of direct recruits, both outsiders and insiders should be determined acco....
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