A.RAGHU Vs. GOVT. OF ANDHRA PRDESH

JUDGEMENT

(1.) It is not a matter of dispute, that the conditions of service including the manner and method of determining seniority in the cadre of Sub-Inspectors of Police, in the State of Andhra Pradesh, are regulated by the Andhra Pradesh Police (Civil) Subordinate Service Rules (hereinafter referred to as, the Service Rules), notified on 26.8.1959, read with the Special Rules notified on 14.12.1990. Learned counsel for the rival parties are agreed, that the issue of seniority (which is the pointed issue of dispute between the rival parties in the present appeals), is to be determined under rule 15 of the said rules, which is extracted hereunder:-

(2.) Before venturing into the determination of the inter se seniority between the rival parties, it is necessary in the first instance, to delineate the factual position. We shall accordingly hereinafter, in the first instance, narrate the factual position, as it emerges from the pleadings, as also, from the different orders appended to the instant batch of civil appeals.

(3.) The Police Department of the State of Andhra Pradesh decided to fill up existing posts of Sub-Inspector of Police by way of direct recruitment. The Andhra Pradesh State Level Recruitment Board (hereinafter referred to as, the Recruitment Board) undertook the aforesaid exercise by issuing a notification dated 22.1.1991. As per the said notification, 470 posts of Sub-Inspector, in 7 different zones were sought to be filled up. The process of selection from amongst eligible candidates, was to be based on a physical test followed by a written test and an interview. Having concluded the aforesaid selection process, lists of provisionally selected candidates were prepared on the basis of their inter se merit in the selection process, for each of the 7 zones. While disposing of the present controversy, we have chosen to pass a common order, wherein we shall take into consideration the vacancies sought to be filled up for Zone V (Warangal range). In this behalf, it would be relevant to mention here, that the office of the Director General & Inspector General of Police, Andhra Pradesh, Hyderabad, issued a communication dated 11.4.1991/7.5.1991 indicating the names of provisionally selected candidates for Zone V (Warangal range). A list of candidates was attached to the aforesaid communication, depicting the provisional list of selected candidates for the above range. This list comprised of 38 names from the open category, 5 names from the backward class 'A' category, 7 names from the backward class 'B' category, 1 name from the backward class 'C' category, 5 names from the backward class 'D' category, 11 names from the scheduled castes category, 4 names from the scheduled tribes category, 2 names from the ex-servicemen category, 6 names from among the police executives, 1 name from the ministerial service, and 1 name from amongst the sportsmen.