Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law 5 Central Reserve Police Force Act ss.2(d) Seniority 1949 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Central Reserve Police Force Act, 1949 – ss.2(d), 5 – Central Reserve Police Force Rules, 1955 – rr.8(e),12 – Direct recruits-Sub Inspector (General Duty) were appointed in pursuance of the advertisement published in June, 2007 – Results were declared – On October 5, 2009, the Directorate General, CRPF communicated to its various units regarding the allotment of candidates – Pursuant thereto, letters of offer of appointment were issued to the selected candidates – Following the terms and conditions in the letter of appointment, the direct recruits reported for training in January, 2010 – On the other hand, promotee Sub Inspector (General Duty) were appointed in pursuance of recruitment process initiated in June, 2009 – Promotee Sub Inspectors (General Duty) training commenced on November 23, 2009 – After appointments were made, Seniority list was finalised, whereby the direct recruits were placed senior to the promotee sub-inspectors – Writ petition – High Court placed promotee Sub Inspector senior to the direct recruit Sub Inspectors – Direct recruits contended that they were entitled to rank senior in view of letter of allotment dated October 5, 2009 – On appeal, held: The offer of letter of appointment accepted by the direct recruit contemplated that on joining, they would be governed by the Act and the Rules, therefore, till such time they join in pursuance of the offer of appointment, the appellants-direct appointees were not subject to the provisions of the Act and the Rules – As per r.12, no candidate was to be enrolled unless he obtained a Health Certificate – Therefore, candidates deemed to be member of the force only on furnishing of health certificate and acceptance of the offer of appointment before they proceed for training – Further, r.8(e) stipulates that a person promoted to a higher rank and a person recruited direct to the same rank shall have their seniority from the date of appointment – Therefore, a person appointed by way of direct recruitment or promotion to the post of Sub-Inspector, his seniority will be fixed as per the date of appointment – In the instant case, since the date of appointment of the direct recruits is not October 5, 2009 but the date they completed the formalities after accepting the offer of appointment, their date of appointment is later than the date of promotion of the promotee Sub-Inspectors – Thus, set of appeals by the direct appointee-Sub-Inspectors and Union of India dismissed – Service Law – Seniority. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2019 INSC 966 |
Petitioner | Bobindra Kumar & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2019] 11 S.C.R. 752 |
Judgement Date | 2019-08-27 |
Case Number | 6642 |
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