KUMOD KUMAR &ANOTHER versus STATE OF JHARKHAND & OTHERS

KUMOD KUMAR &ANOTHER versus STATE OF JHARKHAND & OTHERS

The posts of Steno Sub-Inspectors/Steno Assistant Sub-Inspectors and general line Sub-Inspectors/Assistant Sub-Inspectors constitute distinct and separate cadres. Seniority in the general line cannot be counted from the date of initial appointment as Steno Sub-Inspectors; it must be determined from the date of appointment (on reversion) to the general line. Departmental instructions dated 26.8.1997 are not applicable, and general principles of service law do not alter this position in the absence of statutory rules or express instructions.

Parties
Appellant: Kumod Kumar; Appellant: Ramesh Kumar; Respondent: State of Jharkhand; Respondent: Others
Jurisdiction
India
Judgment Date
18 December 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Review
Outcome
Appeal dismissed
Legal Topics
Police Service Cadre, Seniority, Appointment by Reversion, Bihar Police Manual
Service Law Police Service Cadre Seniority Appointment by Reversion Bihar Police Manual

Case Brief

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Parties

Kumod Kumar

Appellant

Ramesh Kumar

Appellant

State of Jharkhand

Respondent

Others

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Review

Legal Issues

  1. 1 Whether Steno Sub-Inspectors/Steno Assistant Sub-Inspectors and general line Sub-Inspectors/Assistant Sub-Inspectors form the same cadre
  2. 2 Whether appellants are entitled to claim seniority in the general line from the date of initial appointment as Steno Sub-Inspectors
  3. 3 Applicability of general principles and departmental instructions dated 26.8.1997 to seniority claim

Ratio Decidendi

The posts of Steno Sub-Inspectors/Steno Assistant Sub-Inspectors and general line Sub-Inspectors/Assistant Sub-Inspectors constitute distinct and separate cadres. Seniority in the general line cannot be counted from the date of initial appointment as Steno Sub-Inspectors; it must be determined from the date of appointment (on reversion) to the general line. Departmental instructions dated 26.8.1997 are not applicable, and general principles of service law do not alter this position in the absence of statutory rules or express instructions.

Court Disposition

Appeal dismissed

Orders

  • Appeals dismissed.