DEVENDRA PRASAD SHARMA Vs. STATE OF MIZORAM

JUDGEMENT

(1.) The petitioner was promoted as Inspector of Police on July 10, 1973 and was further promoted as Deputy Superintendent of Police on April 8, 1982. The contesting respondents were directly recruited as Deputy Superintendents on March 25, 1982. Their inter se seniority is regulated by Rule 25 of the Mizoram Police Service Rules, 1986. Rule 25 reads as under :

(2.) In the matter of fixation of the inter se seniority under R. 25(iii), the relative seniority of direct recruits and of promotees has to be determined according to the rotation of vacancies between direct recruits and promotees which shall be based on the quotas of vacancies reserved for direct recruitment and promotion under R. 5. The Division Bench has pointed out in the impugned order the position as under:

(3.) Shri P. K. Goswami, learned senior counsel for the petitioner, contends that in view of the definition under R. 2(g) of 'Service' read with R. 5, the inter se seniority of the direct recruits and promotees is required to be determined with reference to the date when the seniority falls to be due. We find no force in the contention. The statutory rule 25(iii), as indicated above, clearly postulates that the inter seseniority of the direct recruits and the promotees has to be determined in accordance with quota and rotation. Accordingly, seniority was rightly determined as per the respective dates of appointment. Therefore, the rotation has to be considered as per the date of appointment and in accordance with the vacancy under the rules. Otherwise, the rule of rota-quota unduly gets disturbed.