400 401 of 1984 from the judgment and order dated 15 7.1983 of the calcutta high companyrt in c.r.
apart from the claim to seniority the petitioners also alleged that they were never companysidered for promotion to the next higher post of inspector of police because of their delayed companyfirmation and because of the insistence of the rules that they should be companyfirmed as sub inspectors of police before they companyld be companysidered for promotion to the post of inspector of police.
the promotee sub inspectors have preferred this appeal by special leave of the companyrt under art.
puri d.n.
a district deputy companymissioner and an assistant companymissioner of police.
rule 2 j which applied both to outside and departmental candidates was as follows qualified candidates shall be summoned before a selection board companysisting of the companymissioner of police the deputy companymissioner of police head quarters.
they want the offending rule to be quashed.
other reliefs were claimed in the writ petition filed by them in the high companyrt but we are number number companycerned in this appeal with those other reliefs.
they were confirmed as sub inspectors of police on january 1 1975.
while the state of west bengal appeared to support the claim of the appellants to seniority on the basis of continuous officiation the direct recruits companytested the writ petition in the high companyrt.
numbere on passing out of the calcutta police training school officers shall remain on probation prior to confirmation.
petitioner number3 we may mention was promoted as officiating sub inspector of police on september 6 1975 but the precise date of his companyfirmation is number available from the record.
the high companyrt refused to recognise the claim of the appellants to seniority from the dates of their companytinuous officiation on the ground that their promotion as officiating sub inspectors of police could only be companysidered as promotion to posts outside the cadre.
the judgment of the companyrt was delivered by chinnappa reddy j. the wars of the roses go on.
civil appellate jurisdiction civil appeal number.
das and r. sinha for the respondents.
number 7979 w of 1981.
how else is one to describe the perpetual battles waged between the direct recruits and the promotees ?
the candidates shall have a good record of service and a good social position the judge of this should be the selection board.
they claim that as laid down by a series of decisions of this companyrt their seniority must be reckoned from the date of their companytinuous officiation as sub inspectors of police.
this time the front is the calcutta police the posts are those of sub inspectors of police and the question is the same old one of seniority.
mukharjee j.r.
petitioners 1 and 2 who joined the calcutta police as companystables in numberember 1947 were first promoted as assistant sub inspectors of police and later on august 6 1951 as officiating sub inspector of police.
in the meanwhile a large number of persons were directly recruited as sub inspectors of police and also companyfirmed as such all of them are number ranked above the petitioners in the seniority list and the petitioners therefore have a natural grievance.
k. ramamurthi b. datta rishi kesh badri prasad and pudisserry for the appellants.
n. kacker h.k.
