CaseMinister
CaseMinister › Judgments › Supreme Court › 1997 › Devendra Pd Sharma v. State of Mizoram

Devendra Pd Sharma v. State of Mizoram

Supreme Court of India · 10 March 1997 · [1997] 2 S.C.R. 930

Court
Supreme Court of India
Decided
10 March 1997
Case no.
SLP(C) No. 4428 of 1997
Reported as
[1997] 2 S.C.R. 930
Result
Dismissed
Bench
K. Ramaswamy, G.T. Nanavati
Length
3 pages
Have a question about this judgment?

Ask our Legal AI about it on WhatsApp: free, no signup, in English or Hindi.

Write it first.

PETITIONER:
SRI DEVENDRA PRASAD SHARMA
Vs.
RESPONDENT:
THE STATE OF MIZORAM & ORS.
DATE OF JUDGMENT: 10/03/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI

ACT

HEADNOTE

JUDGMENT

ORDER

The petitioner was promoted as Inspector of Police on July 10, 1973 and was further promoted as Deputy Superintendent of Police on April 8, 1982. The contesting respondents were directly recruited as Deputy Superintendents on March 25, 1982. Their interse seniority is regulated by Rule 25 of the Mizoram Police Service Rules, 1986. Rules, 1986. Rules 25 reads as under:

"25. Seniority - The Administrator

shall prepare a list of members of

the Service arranged in order of

seniority as determined in the

manner specified below :-

(i) (a) Persons recruited on the

results of the competitive

examination in any year shall be

ranked INTER SE in the order of

merit in which they are placed at

the competitive examination on the

results of which they are

recruited, those recruited on the

basis of an earlier examination

being ranked senior to those

recruited on the basis of a later

examination.

(b) The relative seniority INTER SE

of persons recruited by selection

shall be determined on the basis of

the order in which their names are

arranged in the list prepared under

rule 13, those recruited on the

basis of an earlier selection being

ranked senior to those recruited on

the basis of a later selection.

(ii) The seniority of members of

the Service appointed at the

initial constitution of the Service

in accordance with the provisions

of part VI of these rules shall be

determined by the Administrator in

consultation with the Board.

Provided that in the case of

persons appointed under sub rule

(i) of the rule 15, if two or more

persons belonging to the same

parent service or Department are

thus appointed, they shall be

ranked INTER SE in the parent

Service or Department as the case

may be.

(iii) The relative seniority of

direct recruits and of promotees

shall be determined according to

the rotation of vacancies between

direct recruits and promotees which

shall be based on the quotas of

vacancies reserved for direct

recruitment and promotion under

rule 5."

In the matter of fixation of the inter se seniority under Rule 25(iii), the relative seniority of direct recruits and of promotees has to be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quotas of vacancies reserved for direct recruitment and promotion under Rule 5. The Division Bench has pointed out in the impugned order the position as under:

"Clause (ii) of rule 25 quoted

above clearly stipulated that the

seniority of the service appointed

at the initial constitution of the

service shall be determined by the

administrator in constitution with

the Board. Since all the

Respondents have been appointed as

members of service at the initial

constitution of service their

seniority has to be determined by

the Administrator in accordance

with the said rules."

Shri P.K. Goswami, learned senior counsel for the petitioner, contends that in view of the definition under Rule 2(g) of ‘service’ read with Rule 5, the inter-se seniority falls to be due. We find no force in the contention. The statutory rule 25(iii), as indicated above, clearly postulates that the inter se seniority of the direct recruits and the promotees has to be determined in accordance with quota and rotation. Accordingly seniority was rightly determined as per the respective dates of appointment. Therefore, the rotation has to be considered as per the date of appointment and in accordance with the vacancy under the rules. Otherwise, the rule of rota-quota unduly gets disturbed.

When the claims for promotion to the post of Addl. Superintendent of Police had come up for consideration, in the meeting held by the DPC on October 6, 1988, the petitioner was found to be unfit and contesting respondents were found to be fit as per the proceedings indicated in the judgment of the High Court. As a consequence, the petitioner could not claim right to promotion at that time on the basis of the assessment made by the DPC or to seniority over those promoted as per the recommendation of the DPC. The petitioner may be found fit at a later stage of selection but he cannot get seniority over the persons who were found fit in the meeting held on October 6, 1988 and promoted on October 20, 1988 and have already got promoted to higher post i.e. Addl. Superintendent of Police. The seniority in lower post loses its significance.

The petition, therefore, does not merit interference. It is accordingly dismissed.

Ask CaseMinister about Devendra Pd Sharma v. State of Mizoram

Your 24×7 legal assistant on WhatsApp answers with the judgments that apply, in English or Hindi. No signup needed.

Questions about this judgment, or a case like it?Ask on WhatsApp