BOBINDRA KUMAR & ANR. versus UNION OF INDIA & ORS.

Citation: [2019] 11 S.C.R. 752 · Decided: 27-08-2019 · Supreme Court of India · Bench: L. NAGESWARA RAO · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2019] 11 S.C.R.
BOBINDRA KUMAR & ANR.
v.
UNION OF INDIA & ORS.
(Civil Appeal No. 6642 of 2019)
AUGUST 27, 2019
[L. NAGESWARA RAO AND HEMANT GUPTA, JJ.]
Central Reserve Police Force Act, 1949 – ss.2(d), 5 – Central
Reserve Police Force Rules, 1955 – rr.8(e),12 – Direct recruits-Sub
Inspector (General Duty) were appointed in pursuance of the
advertisement published in June, 2007 – Results were declared –
On October 5, 2009, the Directorate General, CRPF communicated
to its various units regarding the allotment of candidates – Pursuant
thereto, letters of offer of appointment were issued to the selected
candidates – Following the terms and conditions in the letter of
appointment, the direct recruits reported for training in January,
2010 – On the other hand, promotee Sub Inspector (General Duty)
were appointed in pursuance of recruitment process initiated in June,
2009 – Promotee Sub Inspectors (General Duty) training commenced
on November 23, 2009 – After appointments were made, Seniority
list was finalised, whereby the direct recruits were placed senior to
the promotee sub-inspectors – Writ petition – High Court placed
promotee Sub Inspector senior to the direct recruit Sub Inspectors
– Direct recruits contended that they were entitled to rank senior in
view of  letter of allotment dated October 5, 2009 – On appeal,
held: The offer of letter of appointment accepted by the direct recruit
contemplated that on joining, they would be governed by the Act
and the Rules, therefore, till such time they join in pursuance of the
offer of appointment, the appellants-direct appointees were not
subject to the provisions of the Act and the Rules – As per r.12, no
candidate was to be enrolled unless he obtained a Health Certificate
– Therefore, candidates deemed to be member of the force only on
furnishing of health certificate and acceptance of the offer of
appointment before they proceed for training – Further, r.8(e)
stipulates that a person promoted to a higher rank and a person
recruited direct to the same rank shall have their seniority from the
date of appointment – Therefore, a person appointed by way of
   [2019] 11 S.C.R. 752
752
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direct recruitment or promotion to the post of Sub-Inspector, his
seniority will be fixed as per the date of appointment – In the instant
case, since the date of appointment of the direct recruits is not
October 5, 2009 but the date they completed the formalities after
accepting the offer of appointment, their date of appointment is
later than the date of promotion of the promotee Sub-Inspectors –
Thus, set of appeals by the direct appointee-Sub-Inspectors and
Union of India dismissed – Service Law – Seniority.
Dismissing the appeals, the Court
HELD: 1. The letter dated October 5, 2009 is not addressed
to the appellants- direct recruits. It is addressed to Inspector
General of Police of the various units of CRPF. By such
communication, the selected candidates have been allotted to
various units to facilitate issue of letter of appointment by the
respective units. Some of the appellants were given letter of
appointment on October 15, 2009 whereas appellant No. 1 have
been given letter of appointment on October 26, 2009. This is a
letter of offer of appointment which is required to be accepted by
the candidates in terms of clause 4 as reproduced above. The
offer of letter of appointment further contemplates that on joining,
they would be governed by the Central Reserve Police Force
Act, 1949 and the Central Reserve Police Force Rules, 1955,
therefore, till such time they join in pursuance of the offer of
appointment, the appellants are not subject to the provisions of
the Act and the Rules. As per Rule 12 of the Rules no candidate
shall be enrolled unless he obtains a Health Certificate in the
prescribed form. The Health Certificate was called upon from
the appellants in the letter of offer of appointment. Therefore,
they will be deemed to be members of the Force only on furnishing
of Health Certificate and acceptance of the offer of appointment
before they proceed for training. [Para 19][762-B-E-]
2. The judgment in Rohitash Kumar relied upon by the High
Court is not applicable to the members of the CRPF as the date
of appointment is not the date of commencement of training in
the Rules. The BSF Rules are materially different from the Rules
applicable to the members of CRPF. Rule 8(e) of the Rules clearly
stipulates that a person promot

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