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MEENAKSHI MADAN RAI
Kiran Chettri – Appellant
Versus
State of Sikkim – Respondent
| Table of Content |
|---|
| 1. petitioners' service and promotions in irb. (Para 1) |
| 2. request for amalgamated seniority list. (Para 2 , 3) |
| 3. court's directive to prepare seniority list. (Para 4) |
JUDGMENT
Meenakshi Madan Rai, J. - The Petitioners were appointed in the Indian Reserve Battalion (hereinafter, the 'IRB') as Constables, on 01-03-1996 and promoted variously, to the ranks of Lance Naik, Naik and Head Constables as per seniority and available vacancies in IRB Units. That, in the year 2019, they were in service for approximately twenty-three years.
2(i). Learned Senior Counsel for the Petitioner submits that, the only prayer in the Petition that is being pressed today is a part of prayer (iv) i.e., preparation and publication of an amalgamated Seniority list of the four forces, the second part of the prayer pertaining to the protection of the seniority of the Petitioners at the level of Head Constables is not being urged presently.
The prayer is as follows;
'Under the above facts and circumstance, it is, therefore prayed that this Hon'ble Court may be pleased to admit this petition, call for the records and issue Rule calling upon the Respondents to show cause as to why a writ of mandamus/Ce
The court emphasized the necessity for a fair amalgamated seniority list for police personnel to ensure equitable treatment, directing the State to complete the list within three months.
Seniority for promotions must be determined by the date of first appointment in the relevant category, not by enlistment in a lower rank.
The court upheld that administrative discretion in regulating seniority during organizational transitions is valid, nullifying claims if not pursued promptly by affected personnel.
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....
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