Union of India vs Prashant Kumar Rai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 674

RAJAN ROY, OM PRAKASH SHUKLA
Union of India – Appellant
Versus
Prashant Kumar Rai – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Sudhanshu Chauhan.
For the Respondents: Pratyush Tripathi, Alok Kumar Tripathi.

JUDGMENT :

1. Supplementary affidavit filed today is taken on record.

2. Heard Shri Sudhanshu Chauhan, learned counsel for the appellants-Union of India and Shri Alok Kumar Tripathi, learned counsel for the respondents.

3. This is a special appeal filed by Union of India and its authorities, challenging the judgment of the writ Court dated 29.03.2023 passed in Writ-A No. 16632 of 2019.

4. The writ Court has allowed the writ petition of the respondent No. 1 claiming seniority with the 42nd batch of trainees with reference to Central Reserve Police Force Group A (General Duty) Officer Recruitment Rules, 2001 (hereinafter referred to as “Rules, 2001”) and in doing so it has relied upon a decision of Delhi High Court in the case of Niraj Kumar vs. Union of India and others rendered in Writ Petition (C) No. 6506 of 2016 decided on 20.03.2019.

5. Relevant extract of the writ Court judgment containing the reasons in support of its conclusion are as under:

“Rule 8 of the C.R.P.F. Rules, 2001 and the Standing Order of 2009 are to be read in harmony and in consonance. Inter-se the seniority of Direct Recruits (Assistant Commandant) is to be determined on the basis of aggregate marks obtained in th