BIJENDRA PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) ACCORDING to the petitioner, he is entitled for seniority as a Sub Inspector of Police w.e.f. 11th June, 1976 in view of judgment rendered by the Constitutional Bench of Supreme Court of India in the case of Direct Recruit Class -II Engineering Officers' Association vs. State of Maharashtra and others, reported in AIR 1990 SC 1607 : 1990(2) PLJR (SC) 23.

(2.) IT was submitted that even if the initial appointment is not made according to the rules, there being continuous uninterrupted service until regularization against the higher post, the period of officiating service to be counted for determination of seniority as per aforesaid decision mentioned at Paragraph -44(B), as quoted hereunder :

(3.) IN this background according to the petitioner, the Respondents should count the seniority w.e.f. 11th June, 1976 and not w.e.f. 1st February, 1983, the date of confirmation.