Case Note & Summary
The appeals before the Supreme Court arose out of a dispute regarding seniority in the cadre of Sub-Inspectors of Police in the State of Andhra Pradesh. The conditions of service, including seniority determination, are regulated by the Andhra Pradesh Police (Civil) Subordinate Service Rules, notified on 26.8.1959, read with Special Rules notified on 14.12.1990. The core issue was the interpretation and application of Rule 15 of these rules, which prescribes that seniority of Sub-Inspectors is to be fixed on completion of training at the Police Training College or Andhra Pradesh Special Police, in order of merit based on aggregate marks obtained. The parties agreed that Rule 15 governs the dispute. The judgment was delivered by Justice Jagdish Singh Khehar.
Headnote
A) Service Law - Seniority - Andhra Pradesh Police (Civil) Subordinate Service Rules, Rule 15 - The court held that the seniority of Sub-Inspectors is governed by Rule 15, which provides that inter se seniority shall be fixed on completion of training, in order of merit based on aggregate marks obtained by each probationer (Para 1).
Issue of Consideration
Whether seniority of Sub-Inspectors of Police in Andhra Pradesh is to be determined under rule 15 of the Andhra Pradesh Police (Civil) Subordinate Service Rules
Law Points
- Seniority under Andhra Pradesh Police (Civil) Subordinate Service Rules
- Rule 15
- inter se seniority fixed on completion of training
- order of merit based on aggregate marks
Case Details
2015 LawText (SC) (03) 105
Civil Appeal No. 5862 of 2007 and Civil Appeal Nos. 6002-6005 of 2007
A. Raghu, Vasam Surender & others
Govt. of Andhra Pradesh & others
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Nature of Litigation
Dispute regarding seniority in the cadre of Sub-Inspectors of Police in Andhra Pradesh.
Issues
Determination of seniority of Sub-Inspectors under rule 15 of Andhra Pradesh Police (Civil) Subordinate Service Rules
Judgment Excerpts
Rule 15. Seniority:-- (a) The seniority of a person in the class or category or grade shall, unless he has been reduced to lower rank as a punishment be determined by the date of his first appointment to such class or category or grade. If any portion of the service of such person does not count towards his probation under the General Rules his seniority shall be determined by the date of commencement of his service which counts towards probation: Provided that in the case of Sub-Inspectors, Sub-Inspectors of Police (Intelligence) and Reserve Sub-Inspectors, the seniority inter se shall be fixed on completion of training in the Police Training College or with the Andhra Pradesh Special Police, as the case may be, instead of at the time of selection in accordance with the list which shall be arranged in order of merit, which shall be determined in accordance with the aggregate of marks obtained by each probationer-- (i) in respect of his record in the Police Training College or with the Andhra Pradesh Special Police, as the case may be; and (ii) at the final examination. In determining such order of merit, no account shall be taken of marks awarded to a probationer in any subject in which he has failed. But such seniority shall be liable to revision by the Deputy Inspector General of Police concerned if he considers it necessary, before completion of probation. This sub-rule shall not affect the seniority of any members of the service which may have been fixed expressly or by implication before the 19th November, 1941 or any orders as to seniority which may have been passed by competent authority before the 19th November, 1941. Provided that in the case of directly recruited Sub-Inspectors of Police (Intelligence) the inter se seniority shall be fixed on completion of training the Police Training College/Andhra Pradesh Police Academy, instead of at the time of selection, in accordance with the list which shall be arranged in order of merit, which shall be determined in accordance with the aggregate of marks obtained by each probationer in the tests and examinations prescribed for them in the training modules conducted at these Institutions.
Acts & Sections
- Andhra Pradesh Police (Civil) Subordinate Service Rules: Rule 15
- Special Rules, 1990:
