K. RAJAIAH versus STATE OF ANDHRA PRADESH AND ORS.

K. RAJAIAH versus STATE OF ANDHRA PRADESH AND ORS.

The appellant's appointment to the post of Sub-Inspector of Police (Civil) was by direct recruitment, as he underwent the procedure for direct recruits pursuant to a public advertisement and was appointed on probation, not by transfer under Rule 15(c). His seniority should be computed from the date of appointment as Sub-Inspector of Police (Civil).

Parties
Appellant: K. Rajaiah; Respondents: State of Andhra Pradesh and Ors.
Jurisdiction
India
Judgment Date
19 August 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Andhra Pradesh Administrative Tribunal
Outcome
Appeal dismissed
Legal Topics
Seniority, Direct Recruitment, Transfer Under Service Rules
Service Law Seniority Direct Recruitment Transfer Under Service Rules

Case Brief

Summary, issues, holding and outcome

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Parties

K. Rajaiah

Appellant

State of Andhra Pradesh and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Andhra Pradesh Administrative Tribunal

Legal Issues

  1. 1 Whether the appellant was appointed as Sub-Inspector of Police (Civil) by direct recruitment or by transfer under Rule 15(c) of Andhra Pradesh Police Subordinate Service Rules
  2. 2 Whether service as Reserve Sub-Inspector should be counted towards seniority in the new post

Ratio Decidendi

The appellant's appointment to the post of Sub-Inspector of Police (Civil) was by direct recruitment, as he underwent the procedure for direct recruits pursuant to a public advertisement and was appointed on probation, not by transfer under Rule 15(c). His seniority should be computed from the date of appointment as Sub-Inspector of Police (Civil).

Court Disposition

Appeal dismissed

Orders

  • Seniority of the appellant to be computed from the date of appointment as Sub-Inspector of Police (Civil).
  • Judgment not to affect appellant's current position or emoluments.