ARUN KUMAR AND ORS. versus UNION OF INDIA AND ORS.

ARUN KUMAR AND ORS. versus UNION OF INDIA AND ORS.

Absorption of the respondent as Deputy Superintendent of Police in Punjab Police Service was permissible in an exceptional case, but giving her seniority and other benefits from the date of entry into CRPF was contrary to the Punjab Police Service Rules, 1959, as deputation is not a prescribed source of recruitment and seniority cannot be antedated to a period of service in a different cadre governed by separate rules.

Parties
Appellants: Arun Kumar and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
03 April 2007
Procedural Posture
Civil Appeal / Final Decision on Appeal From High Court Order
Outcome
Appeal partly allowed
Legal Topics
Deputation, Absorption of Deputationist, Seniority in Service, Compassionate Appointment, Service Rules Interpretation, Constitution of India Articles 14 and 16(1)
Service Law Constitutional Law Deputation Absorption of Deputationist Seniority in Service Compassionate Appointment Service Rules Interpretation Constitution of India Articles 14 and 16(1)

Case Brief

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Parties

Arun Kumar and Others

Appellants

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From High Court Order

Legal Issues

  1. 1 Whether the State Government could invoke Rule 14 of the Punjab Police Service Rules, 1959 to absorb a deputationist from CRPF in Punjab Police when there was no provision for such absorption.
  2. 2 Whether benefit of seniority and other service benefits could be given to the absorbed officer dating from her appointment in CRPF.

Ratio Decidendi

Absorption of the respondent as Deputy Superintendent of Police in Punjab Police Service was permissible in an exceptional case, but giving her seniority and other benefits from the date of entry into CRPF was contrary to the Punjab Police Service Rules, 1959, as deputation is not a prescribed source of recruitment and seniority cannot be antedated to a period of service in a different cadre governed by separate rules.

Court Disposition

Appeal partly allowed

Orders

  • Absorption of respondent no. 4 in Punjab Police Service as Deputy S. P. upheld as an exceptional case.
  • Benefit of seniority and other service benefits to be given only for service rendered as deputationist in Punjab Police (from 16/17.8.1993 to 11.9.1998).