Kumod Kumar versus State of Jharkhand

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 5874-5875 OF 2009

Kumod Kumar & another … Appellants

versus

State of Jharkhand & others … Respondents

On 26.8.1989 and 11.6.1991, the appellants were taken (on reversion)to the general line of the Police Department as Sub-Inspectors of Police. In this behalf it would be pertinent to mention, that induction into the general line of the Police Department from Steno Sub-Inspectors is permissible, subject to the satisfaction of the eligibility criteria, as also, consequent upon the selection and recommendation by the Central Selection Board.The seniority of the appellants in the general line of Sub-Inspectors of Police, was determined by the Police Department, with effect from the date of their appointment to the general line of Sub-Inspectors of Police (on reversion). This determination is not acceptable to the appellants. They claim seniority in the general line of Sub-Inspectors of Police (on reversion) with effect from the date of their initial appointment into the Police Department, as Steno Sub-Inspectors of Police. Therefore, whilst the appellants claim seniority in the general line of Sub-Inspectors of Police with effect from the dates of their appointment into the police service, i.e., with effect from 10.4.1982/11.9.1985, the authorities have chosen to determine their seniority with effect from the dates of their appointment to the general line of Sub-Inspectors of Police, i.e., with effect from 26.8.1989/11.6.1991.A challenge raised at the behest of the petitioners (including the present appellants) in Writ Petition (S) no. 4272 of 2006 before the High Court of Jharkhand at Ranchi (hereinafter referred to as, the High Court), seeking seniority in the general line, with effect from the date of their appointment into the police service, was dismissed by a Division Bench of the High Court, on 13.9.2007. The petitioners (including the present appellants) sought a review of the order dated 13.9.2007, by filing Civil Review no. 80 of 2007. The review petition was dismissed on 23.1.2008. The orders dated 13.9.2007 and 23.1.2008 were assailed by the appellants by filing special leave petitions. Leave was granted on 28.8.2009, giving rise to the present civil appeals….read more