Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Central Reserve Police Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Central Reserve Police Force Act, 1949 (66 of 1949) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Central Reserve Police Act 1949/Central Reserve Police Force Rules 1955-Rules 105 (3-A) and 107-Retired Army Officer-Recruited as Assistant Commandant-Later promoted as Commandant on temporary basis-Whether entitled to absorption on permanent basis Section 107(2) as amended-Effect of. The respondent had been recruited as Assistant Commandant in the C.R.P.F. under Rule 105(3-A) of the Central Reserve Police Force Rules, 1955 on the footing that he was a retired Army Officer. He was promoted on temporary basis as Commandant on the basis of selection. His promotional appointment as Commandant was extended from time to time. On being informed by the Authorities that he was not entitled for absorption in the Force in view of Rule 107(2) of the Rules, he made a representation to the President. The said representation having been rejected by the President, he filed a writ petition in the High Court for a direction for his absorption in the Force. A Single Judge of the High Court allowed the writ petition. The Division Bench also upheld the decision of the Single Judge. Hence this appeal by special leave. During the pendency of the appeal, sub-rule 2 of Rule 107 was substituted with effect from 20th September 1985. It provides that any officer re-employed after he has retired from Army prior to the attainment of the age of superannuation in the civil post, will, if appointed to civil post be treated as direct recruit and his seniority in the grade fixed accordingly. |
Judge | Honble Mr. Justice Ranganath Misra |
Neutral Citation | 1987 INSC 57 |
Petitioner | Union Of India & Anr. |
Respondent | R.c. Dsouza |
SCR | [1987] 2 S.C.R. 382 |
Judgement Date | 1987-02-20 |
Case Number | 145 |
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