A person cannot claim retrospective seniority in a service from a date prior to joining that service, reflecting the principle that seniority is tied to actual induction into the cadre.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under Clause 10 of the Letters Patent is directed against the order/judgment dated 09.02.2024 passed by learned Single Judge of this Court in W.P.(S) No. 821 of 2020, whereby and whereunder, the writ petition has been dismissed holding that the writ petitioners voluntarily chose to join the police service when given the option to do so and therefore, cannot claim that joining the service was a policy decision binding them to it due to which they cannot demand seniority from the date of their initial appointment.

2. The brief facts of the case as per the pleading made in the writ petition requires to be enumerated, read as under:

The Jharkhand Public Service Commission floated an advertisement being Advertisement No. 11 of 2007 for Preliminary Examination which was scheduled to be held on 11.01.2008 for different posts of Jharkhand Administrative Service and Jharkhand Police Service.

The appellants/writ petitioners being eligible for the said posts, have applied and appeared in the Preliminary and Mains Examination and also in the interview and they have been declared to be successful in the Administrative Service Category, although their preference was for Jharkhand Police Service.

After completion of their training, the appellant no.1 was appointed as Circle Officer, Bishnupur, District Gumla; appellant no.2 was appointed as Circle Officer, Bagodar, District-Giridih and; appellant no.3 was appointed as Block Development Officer at Torpa Block-D, District-Khunti.

While the appellants/writ petitioners were working as such, a policy decision has been taken by the State Government with respect to filling up the 06 posts in the Jharkhand Police Service which remained vacant and a press release was issued on 08.10.2011 in which the 22 selected persons who have given their first preference as Police Service had been invited to give their option/no objection to join the Jharkhand Police Service.

In pursuance thereof, the appellants/writ petitioners gave their option/no objection for the Jharkhand Police Service. Thereafter, the Special Secretary, Department of Home, Govt. of Jharkhand vide letter no.2312 dated 25.05.2012 issued appointment letters to the appellants/writ petitioners.

It is the case of the appellants/writ petitioners that the previous service rendered by the appellants/writ petitioners in the Jharkhand Administrative Service has not been considered relating to the appointment in the Jharkhand Police Service, therefore, representation before the respondent no.2 for counting their previous service and grant of seniority and calculation of their pay scale from the initial date of appointment.

It is also the case of the appellants/writ petitioners that the Dy. Secretary, Department of Home, Personnel and Disaster Management, Govt. of Jharkhand has given the pay protection to the appellants/writ petitioners but no order has been passed with respect to the seniority.

The appellants/writ petitioners, being aggrieved with the same, have approached this Court by filing writ petition which having been dismissed, the present appeal has been preferred.

3. It is evident from the aforesaid factual aspect that the Jharkhand Public Service Commission published Advertisement No. 11/2007 for Preliminary Examination to be held on 11.01.2008 for different posts of Jharkhand Administrative Service, Jharkhand Police Service and other allied services in the State of Jharkhand. The total posts advertised for Jharkhand Administrative Service was 173. Similarly, the total posts earmar