JAGDISH PRASAD Vs. P.M. MANOJ KUMAR

JUDGEMENT

(1.) We have heard Mr. P.C. Das, learned Counsel appearing for the Appellants; Mr. Debajyoti Basu, learned Senior Counsel, Mr. Vikramjeet Banerjee, ASG, for the Respondents; and Mr. John Mathew for the Intervenors.

(2.) The Appellants assail the Judgment dtd. 10/8/2016 in WPCT No. 127 of 2016, passed by the High Court at Calcutta, Circuit Bench at Port Blair. The parties to the lis are employees of the Union Territory Administration of Andaman & Nicobar ("the Administration").

(3.) The Appellants, Respondent Nos. 1 to 28, and the Intervenors were born in the cadre of Constables under the Andaman & Nicobar Police Department. Thus, they are brothers with camaraderie. In due course, the Constables were promoted to Head Constables. The service conditions are governed by the Andaman & Nicobar Police Manual, 1963 ("Police Manual, 1963"). At the entry level as a Constable, they satisfied the minimum educational qualification. A few possess higher qualifications, such as matriculation. On 31/3/2008, the Andaman & Nicobar Administration (Police Department) Group 'C' Post Recruitment Rules, 2008 ("2008 Rules") were notified. On 4/10/2008, the Office of the Director General of Police issued Standing Order No. 9091 ("Standing Order") to promote Head Constables to the post of Assistant Sub Inspector- Executive ("ASI-Executive") who had completed 5 years of service, have a minimum educational qualification of matriculation (10th pass) or its equivalent from a recognized Board/University, and have successfully undergone the prescribed training course for Head Constables (Lower School Course) at any Police Training Institute. Rules 2008 and Standing Order changed the relationship from brothers to cousins. On 28/6/2010, the Administration issued the Andaman & Nicobar Administration (Police Department) Group 'C' Post Recruitment Rules, 2010 ("Rules 2010"), amending the 2008 Rules. On 6/6/2014, the Office of the Director General of Police issued a Circular ("2014 Circular") inviting applications from eligible candidates for promotion to the post of ASI-Executive.