The seniority of Assistant Commandants must be determined under the latest Recruitment Rules, with previous guidelines being inapplicable once newer provisions are enacted.

The lis

1. These writ petitions are concerned with the seniority of Assistant Commandants1 in the Sahastra Seema Bal2.

2. Recruitment Rules governing the seniority of ACs in the SSB were first promulgated in the form of the Special Service Bureau Assistant Commandant Group ‘A’ (General Duty) post Recruitment Rules, 20033.

3. Relevant executive instructions

Before proceeding further, it would be appropriate to refer to the relevant executive instructions, around which the controversy in these writ petitions revolves.

3.1 Standing Order 06/2001 dated 23 February 2001 issued by the DG, CRPF

Prior to 2001, there were only two modes of recruitment for ACs in the SSB, which were direct recruitment and promotion. Vide Standing Order 06/20014 dated 23 February 2001 issued by the Directorate General, Central Reserve Police Force5, under the subject “Introduction of Limited Departmental Competitive Examination (LDCE) for Promotion to Assistant Commandant”, LDCE was introduced as a mode of recruitment to the post of Assistant Commandant in the CRPF. Clause 3(e)(viii) of SO 06/2001 read thus:

“viii) SENIORITY

Personnel recruited through LDCE will be treated as part of promotion quota and their seniority will be with reference to the date of selection as per DOPT OM No. 22011/5/76 Estt D dated 24.6.78. Within the candidates selected through LDCE, the inter se seniority will be as per their position in the merit list of LDCE.”

3.2 The 2003 RRs

The 2003 RRs of the SSB, therefore, envisaged three modes of recruitment for the post of AC, i.e. 50% by direct recruitment, 33% by promotion and 17% by LDCE. The preamble to the 2003 RRs, and Rule 8(1), 8(2) and 8(3)(i) to (iv) thereof, which alone are relevant for our purpose, read thus:

“In exercise of the powers conferred by Sub- section (i) read with clause (b) of Sub- section (2) of Section 18 of the Central Reserve Police Force Act, 1949 (66 of 1949) the Central Government hereby makes the following rules regulating the method of recruitment to the post of Assistant Commandant Group ‘A’ (General Duty) posts in the Special Service Bureau, namely: –

*****

8. Seniority: –

(1) All Officers holding a higher rank shall be senior to officers holding a lower rank.

(2) In a particular rank seniority of officers appointed to any post shall be determined in accordance with the order of selection for appointment to that post.

(3) Subject to the provisions of sub- rule (2) inter se seniority amongst officers holding the same rank shall be as follows: –

(i) Seniority of officers promoted on the same day shall be determined in the order in which they are selected for promotion to the rank.

(ii) Inter se seniority of direct recruits shall be determined by adding together the marks obtained by them in recruitment test, the Foundation Course, and the Basic Professional Courses in the ratio of 50:10:40.

(iii) Seniority of temporary officers, subject to the provisions of clauses (i) and (ii) shall be determined on the basis of the order of merit at the time of their selection and officers selected in an earlier batch will be senior to officers selected in subsequent batches.

(iv) Seniority of officers, subject to the provisions of clauses (i), (ii) and (iii) shall be determined according to the date of their continuous appointment in that rank.

3.3 The 2010 RRs

The 2003 RRs were superseded, to the extent stated therein, by the Sahastra Seema Bal Assistant Commandant Group ‘A’ (General Duty) Combatised post Recruitment Rules, 20106, which were promulgated on 25 August 2010 and came into force