R.C. SAHI AND ORS. ETC. versus UNION OF INDIA AND ORS.

R.C. SAHI AND ORS. ETC. versus UNION OF INDIA AND ORS.

Seniority of respondents (ECOs) was rightly fixed in CRPF by taking into account service rendered by them as Emergency Commissioned Officers, as the executive instructions dated 5.7.1972 are applicable in the absence of a statutory rule granting benefit of past Army service.

Parties
Petitioner: R.C. Sahi and Ors. etc.; Respondent: Union of India and Ors.; Respondent: M.L. Verma, Ashok K. Mahajan, K.K. Gupta
Jurisdiction
India
Judgment Date
10 November 1998
Procedural Posture
Writ Petition (civil) / Final Order, Dismissal
Outcome
Writ Petition dismissed.
Legal Topics
Seniority Fixation, Executive Instructions, Reservation Rules, Army Officers' Service, Promotion, CRPF Recruitment
Service Law Administrative Law Constitutional Law Seniority Fixation Executive Instructions Reservation Rules Army Officers' Service Promotion +1 more

Case Brief

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Parties

R.C. Sahi and Ors. etc.

Petitioner

Union of India and Ors.

Respondent

M.L. Verma, Ashok K. Mahajan, K.K. Gupta

Respondent

Procedural Posture

Writ Petition (civil) / Final Order, Dismissal

Legal Issues

  1. 1 Whether past Army service of Emergency Commissioned Officers (ECOs) can be considered for seniority in CRPF
  2. 2 Applicability of Emergency Commissioned Officers and Short-Service Commissioned Officers (Reservation and Vacancies) Rules, 1967
  3. 3 Whether Executive Instructions dated 5.7.1972 are valid for fixation of seniority

Ratio Decidendi

Seniority of respondents (ECOs) was rightly fixed in CRPF by taking into account service rendered by them as Emergency Commissioned Officers, as the executive instructions dated 5.7.1972 are applicable in the absence of a statutory rule granting benefit of past Army service.

Court Disposition

Writ Petition dismissed.

Orders

  • Petitioner C.M. Bahuguna (still in service) allowed to continue in promoted post, if necessary by creating supernumerary post.
  • Further promotions to be made in light of this order.