Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Promotion post of Inspector to Deputy Superintendent of Police Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Promotion from the post of Inspector to Deputy Superintendent of Police - Tribunal's direction in cases filed by others and also in case filed by the appellant along with others for preparation of a Combined Gradation List for promotion to the post of Deputy Superintendent of Police and to include names of all those who were petitioners before the Tribunal - In subsequent case also, the Tribunal re- affirmed the said directions passed in earlier case and upheld the Combined Gradation List - Recruitment Rules amended and in view thereof fresh Gradation List prepared which was admittedly only for Inspectors still in service - Appellant's junior promoted w.e.f. the date when appellant was stiff in service - Appellant did not challenge the Gradation List of 2000 because his claim was only on the basis of unamended rules - Appellant retired in 1998 while holding the post of inspector - Application by appellant dismissed by Tribunal - High Court upheld the same - Held: Despite directions passed by Tribunal, a Combined Gradation List was not prepared at the appropriate time and ultimately when it was prepared to show compliance with the order of the Tribunal, it was never acted upon because the subsequent directions of the Tribunal for amendment of rules was preferred by the State and the claim of the appellant was never considered till he was in service - Appellant's junior promoted w.e.f date when the appellant was still in service - Tribunal and the High Court erred in denying relief to the appellant - Appellant entitled to notional promotion w.e.f date his junior was promoted - Madhya Pradesh Police (Gazetted Officers) Recruitment Rules, 1987. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2014 INSC 814 |
Petitioner | M.p. Singh Bargoti |
Respondent | State Of Madhya Pradesh & Anr. |
SCR | [2014] S.C.R. 211 |
Judgement Date | 2014-11-27 |
Case Number | 3906 |
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