VidhiSangh

Supreme Court of India · 27/08/2019

BOBINDRA KUMAR & ANR. versus UNION OF INDIA & ORS.

[2019] 11 S.C.R. 752 · 2019 INSC 966

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Summary

The Court upheld the seniority of promotee CRPF Sub-Inspectors over the direct recruits in dispute, while rejecting parts of the High Court’s reasoning. The internal allotment of selected candidates to units was not an appointment. Under the applicable rules, seniority ran from appointment after acceptance and completion of required formalities, which occurred later for these direct recruits than for the promotees. Rules concerning BSF training or CRPF Assistant Commandants did not govern this comparison.

Issues

  1. Whether internal allotment to CRPF units or subsequent completion of appointment formalities fixed direct recruits’ seniority.
  2. Whether rules and instructions concerning other cadres or roster-based recruitment governed these Sub-Inspectors.

Provisions considered

Held

Result

Appeals by the direct recruits and Union of India dismissed. Promotee Sub-Inspectors’ seniority sustained on the basis of the applicable appointment-date rule, for reasons differing from those of the High Court.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 752.