Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Promotion and Seniority) Rules 2000: Sikkim Police Force (Recruitment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000: r. 9(iv) - Integration of services - Three different services viz. Police Force, Armed Police and Vigilance Police in the State of Sikkim - In Vigilance Police and Armed Police, though the members therein got accelerated promotion to the post of inspector, there was no further promotion available to them - Promotion to the post of Deputy Superintendent of Police (DSP) available only to members of the Police Force - This inequality sought to be remedied by integration of three services - The feeder category for promotion to the post of DSP is inspector - Date of promotion/direct recruitment to the post of sub-inspector taken as determining factor for fixation of seniority for the E purpose of promotion to the post of DSP and grant of deemed/notional promotion to the members of the Police Force from the date their compeers in the other two services got promotion to the post of inspector - Writ petition by respondent alleging that on account of the retrospective promotion granted to the members of the Police Force based on the date of appointment/promotion as sub-inspector in the case of the other two services, the respondent became junior to them, affecting his chances of promotion to the post of DSP - High Court allowed writ petition - Held: High Court patently erred in holding that the acquired or accrued rights of the writ petitioner had been affected by the fixation of seniority at the level of sub-inspector of Police - The very purpose of integration was to remove the inequality and provide them with the opportunity for promotion to the post of DSP - If length of continuous service in the highest cadre of some similar services is taken as basis of fixing seniority and for further promotion that would certainly result in deeper injustice to the members of the other services - r. 9(iv) is just, fair and equitable in the given circumstances without which the integration of services would have resulted in graver inequality and injustice to the members of the major service - The impugned judgment is set aside - However, for doing complete justice, being a solitary case, the benefits granted by the High Court in the impugned Judgment to the writ petitioner shall not be disturbed - Service law. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2014 INSC 109 |
Petitioner | State Of Sikkim And Others |
Respondent | Adup Tshering Bhutia And Others |
SCR | [2014] 2 S.C.R. 1003 |
Judgement Date | 2014-02-18 |
Case Number | 2446 |
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