Back
KALYAN RAI SURANA
Anjan Roy – Appellant
Versus
State of AP represented by the Chief Secretary – Respondent
JUDGMENT :
Kalyan Rai Surana, J.
Heard Mr. M. Pertin, learned counsel, learned senior counsel, assisted by Mr. M. Yubbey, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Govt. Advocate appearing for respondent nos.1 to 4; and Mr. J. Jini, learned counsel appearing for private respondent nos. 5, 7 and 8. None appears on call for the respondent no.6, on whom notice was served in a substituted manner by publication of notice in the Arunachal Times edition dated 03.05.2023.
2. The petitioners are serving as Sub-Inspectors in the Arunachal Armed Police Battalion (“AAPBn” For short). Based on the final seniority list of Sub-Inspectors in AAPBn, it is projected that the names of the petitioners appear at Sl. No. 9 and 12 respectively. It is projected that as per the provision of Subedar (Inspector) (Arunachal Armed Police Battalion) Group-B (Gazetted) (Non Ministerial) Recruitment Rules, 2008, a Sub-Inspector of AAPBn, having 3 (three) years of continuous service in the grade of Platoon Commander (Sub-Inspector) is eligible for promotion to the next higher post of Inspector.
3. The learned senior counsel for the petitioners has submitted that as per OM dated 15.10
The court established that promotions must respect the reservation policy while ensuring that prior valid appointments are not disturbed.
The main legal point established in the judgment is that the recommendation and promotion of the respondent No.4 to the post of DLR&SO were in accordance with the Post Based Roster and the reservatio....
The court established that the promotion process must strictly adhere to the applicable recruitment rules and reservation policies, and that the status of posts as reserved or un-reserved can be dete....
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....
The right to consideration for promotion is governed by the rules in effect at the time of consideration, not those in place when vacancies arose.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
