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2018 Supreme(Ori) 831

S.N.PRASAD
BIDYADHAR SUTAR – Appellant
Versus
I G -CUM-CHIEF SECURITY COMMISSIONER, EAST COAST RAILWAY, BBSR – Respondent


Advocates Appeared:
A.K Apat, Agasti Kanungo, B.K Pattnaik, C.Nayak, G.R Sethi, J.K Digal, Kali Pr Mishra, L.P Dwivedy, M.K Khuntia, P.K Mishra, S.Mohapatra, S.P Behera, S.Patra, T.P Tripathy, Advocates for the appearing parties.

JUDGMENT :

S. N. Prasad, J - In both these writ petitions the issue related to fixation of seniority is involved, as such they have been decided to be heard together and accordingly heard together and are being disposed of by this common order.

2. The brief fact of the cases in both the writ petitions is that the petitioners have been deprived from participating in the selection process initiated for fulfilling the post of Assistant Sub-Inspector of Police in the Railway Protection Force as per the provision of Rule 72 of the Railway Protection Force Rules, 1987. The eligibility condition to participate in the selection process for consideration of the cases for promotion to the said post is that an employee working as Constable is required to complete ten continuous years of service but the petitioners are not having the ten continuous years of service but however they completed ten continuous years of service if the training period would be counted towards the period of service.

All the petitioners have shown their willingness but in pursuance to the selection process initiated on 22.3.2010 for filling up of 20 vacancies for the year 2009-10 they have not been allowed to participat




















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