Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: appointment by transfer - On the post of inspector of Police in Andhra Pradesh Police Service - Feeder category for appointment being Category I Sub-Inspector (Civil) - One of the methods of appointment to category I Sub-Inspector (Civil) is appointment by transfer from Reserve Sub-Inspector - However, the Reserve Sub-Inspector appointed as Sub-Inspector (Civil) shall be entitled to retain his seniority from the date of his original appointment - Eligibility criteria for appointment by transfer to the post of Inspector was 6 years service - Whether Reserve Sub-Inspector Ji.'ho was transferred on selection as Sub-Inspector (Civil), for recruitment by transfer to the post of inspector, should have 6 years of completed service as Sub-inspector (Civil) or a total service of 6 years including the service as Reserve Sub-Inspector - Held: For appointment to the post of Inspector, the Sub-inspector (Civil) who was appointed to such post down the post of Reserve Sub-Inspector was required to have 6 years completed service as Sub-Inspector (Civil) :-- Andhra Pradesh Police Subordinate service Rules. 1966 - rr. 2 and 15 -Andhra Pradesh Police Service Rules, 1966 - n: 3 and 5. 'Seniority' and 'Eligibility' - Distinction between - Both are distinct concepts - If the senior is otherwise not eligible for consideration as per the rules for promotion, the senior will have to give way to eligible juniors. 'Transfer' and 'Recruitment by Transfer' - Distinction between - Discussed. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 340 |
Petitioner | Palure Bhaskar Rao Etc. Etc. |
Respondent | P. Ramaseshaiah & Ors. Etc. |
SCR | [2017] 3 S.C.R. 226 |
Judgement Date | 2017-04-12 |
Case Number | 6795-6798 |
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