Palure Bhaskar Rao vs P Ramaseshaiah - Supreme Court

 Palure Bhaskar Rao vs P Ramaseshaiah - Supreme Court Important Judgment 2017 - 

 

On 12th April, 2017, in the case of Palure Bhaskar Rao etc. etc. v. P Ramaseshaiah & Ors. etc. [Civil Appeal Nos. 6795-6798 of 2014], it was held that “merely because a person is senior, if the senior is not otherwise eligible for consideration as per the rules for promotion, the senior will have to give way to the eligible juniors.”

Citing the instant case to be a classic example for the said principle, and interpreting the Andhra Pradesh Police Subordinate Service Rules and the Andhra Pradesh Police Service Rules, the Supreme Court held that “though the Reserve SubInspector selected and appointed on transfer as Sub-Inspector (Civil) may be seniormost in the category of Sub-Inspector of Police, but still he will be ineligible for consideration of appointment as Inspector in case he does not have 6 years of service as Sub-Inspector of Police (Civil). All his juniors who have 6 years of service as SubInspector of Police and having been recruited to that post from different categories are entitled to steal a march over him as the rule now stands.”