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Supreme Court of India 2017-04-12 dismissed

Palure Bhaskar Rao etc. etc vs P. Ramaseshaiah & Ors. etc

Bench: 2 — Kurian

In Brief

Reserve Sub-Inspectors of Police transferred and appointed as Sub-Inspectors (Civil) under the Andhra Pradesh Police Subordinate Service sought eligibility for appointment as Inspectors under the Andhra Pradesh Police Service. They contended their total service (including Reserve Sub-Inspector tenure) should count toward the required six-year eligibility period. The Supreme Court held that A.P. Police Subordinate Service and A.P. Police Service are distinct services with non-interchangeable posts. Although transferred Sub-Inspectors retain seniority from their original Reserve Sub-Inspector appointment date, only their service as Sub-Inspector (Civil) counts toward Inspector eligibility. The Court distinguished transfer from recruitment by transfer, emphasizing that eligibility requirements cannot be waived by seniority; eligibility applies to all equally and must be satisfied before promotion consideration.

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Police Service Rules Public Service Seniority Promotion Transfer Eligibility Conditions Administrative Law Service Law Constitutional Law - Article 14

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