LexPALURE BHASKAR RAO ETC. ETC. versus P. RAMASESHAIAH & ORS. ETC.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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[2017] 3 S.C.R. 226
PALURE BHASKAR RAO ETC. ETC.
v.
P. RAMASESHAIAH & ORS. ETC.
(Civil Appeal Nos. 6795-6798 of2014)
APRIL 12,2017
[KURIAN JOSEPH ANU I{. llANlJMATlll, JJ.)
Service Law:
Appoi11/111e111 by transfer - 011 !he post of lmpector of Police
in Andhra Pradesh Police Service -
Feeder category for
appointment being Catego1y I Sub-Inspector (Civil) - One of the
methods of appointment to category I Sub-Inspector (Civil) is
appointment by trans.fer from Reserve Sub-Inspector - However,
the Reserve Sub-Inspector appointed as Sub-Inspector (Civil) shall
be entitled to retain his seniority from the date of his original
appointment - Eligibility criteria for appointment by tran:,jer to the
post of Inspector was 6 years service -
Whether Reserve
Sub-Inspector Ji.'ho was transferred 011 selection as Sub-Inspector
(Civil), for recruitment by tra11sfer to the post of I11spec1or, should
have 6 years of completed service as Sub-inspector (Civil) or a
total service of 6 years including the service as Reserve
Sub-Inspector - Held: For appoinlment to the post of Inspector, the
Sub-lmpector (Civil) who was appointed to such post fiwn the post
of Reserve Sub-Inspector was required to have 6 years completed
service as Sub-Inspector (Civil) :-- Andhra Pradesh Police
Subordinate service Rules. 1966 -
n 2 a11d 15 -Andhra Pradesh
Police Service Rules, 1966 - n: 3 and 5.
'Seniority' and 'Eligibilily' - Dist inc/ion between - Both are
distinct concepts - If the senior is otherwise not eligible for
consideration as per the rules for promotion, the senior will have to
give J!'UY to eligible juniors.
'Transfer' and 'Recruitment by Tran.~fer' - Distinction
between - Discussed.
Dismissing the ap11cals, the Court
HELD: 1. A.P. Police Subordinate Service and A.P. Police
226
PALURE BHASKAR RAO ETC. ETC. v. P. RAMASESHAIAH & 227
ORS. ETC.
Service arc two distinct and separate services. Though the pay
scales of both categories i.e. S11b-lns1)cctor of Police (Civil) and
Reserve Snb-lnspcctor of Police in Class I 1wst of A.P. Police
Subordinate Service is one and the same, the posts are not
interchangeable. There is fonclional difference in the service as
well. The selection to the 11ost of Snb-lns11cctor (Civil) from
Rcscl've Sub-Inspector is by way of transfer by selection based
on merit. Only S'X1 1111ota is allocated lo the Reserve Snb-
lnspcctors. Once the Reserve Sub-Inspector comes into the
category of Sub-Inspector of Police (Civil), he is entitled to carry
his seniority from the date of appointment as Reserve Sub-
Iuspector and placed acconlingly in the seniority list of Sub-
lnspcctors (Civil). In other words as and when a Reserve Sub-
Inspcctor is selected and appointed by transfer to the post of
Sub-Inspector (Civil), though there may be Sub-lns11i!ctors of
Police (Civil) already availahle in that category working for more
than 4 years but less than 5 years yet the Reserve Sub-Inspector
transferred as Sub-Inspector of Police (Civil) will he placed above
those existing Sub-Inspectors of Police recruited from other
channels without. the benefit of 'carry on' seniority. But that docs
not mean that on such placement in seniority, he will be entitled
to claim a11poi11tmcnt us Inspector of Police in the A.P. Police
Service since under the A.P. Police Service Rules, a Sub-Inspector
of Police recruited by transfer should have a minimum service of
6 completed years for appointment by transfer as Inspector of
Police. This rule is not under challenge.[Para 11)(234-A-E]
2. Whal is required in the category of ap11ellants namely,
Sub-Inspectors of Police (Civil) recruited by transfer for
appointment as Ins11cctors is 6 completed yeus of service as
Sub-Inspectors (Civil) and not total service of 6 years including
the service as Reserve Sub-Ins1)ectors. The rule as it stands is
crystal clear and docs not call for any other intcq>retation. (Para
12J[234-G)
3. Transfer and recruitment by transfer are eutircly two
different concepts. No doubt transfer can be from one category
to another category or within the class, if the rule permits
interchangeability of the categories within a class. Any other
transfer both intra category anll inter category arc in fact, under
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228
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SUPREME COURT REPORTS
[2017] 3 S.C.R.
law is a selection and appointment by way of a transfer from one
category to another or from one class tExcerpt shown. Read the full judgment & AI analysis in Lexace.