Legal Question in Employment Law in India

In year 2000,government advertised posts for sub-inspectors and written test for their selection was conducted.After appearing in written/viva-voce tests, 259 sub inspectors were selected and appointed in the year 2000.These 259 sub inspectors were sent to one year police training course in a training centre.In 2001 some sub inspectors who were not selected earlier approached court though writ petition which was finally decided by high court.54 candidates who were not selected earlier in 2000 and were possessing more marks were apponted as sub inspectors in year 2004 and 47 candidates who had less marks were terminated from services, on the basis of high court judgement which was upheld by supreme court.These 54 candidates also were sent to police training cente for basic training in four different batches/years.The said 47 candidates who were terminated from services as per impunged judgement of high court made SLP before supreme court and were finally allowed to continue on their posts in 2007.The Police headquarters has now fixed the seniority of all these sub inspectors in accordance with the initial selection /written test merit whereas police rule 111 says that seniority of sub inspectors shall be prepared on the merit they obtain in training centre exams.police headquarters found it very difficult to determine seniority of sub inspectors in accordance with police rule 111 because the sub inspectors had obtained training in 5 different batches and in five different years and different boards were constituted in all five batches.Hence police headquarters could not implement rule111.Kindly answer any legal view in this regard and whether a rule which is in vogue can be dispensed when a controversy and absurdity arises if the said rule is implied.


Asked on 6/14/10, 12:39 am

1 Answer from Attorneys
Advocate Siva Subramanian M/s. R. Siva Subramanian

It is suggested to (i) To prepare a 'statement of case' and get Govt Pleader's opinion on the issue, (ii) To seek GP's advice with regard to issue of a fresh Govt Order quoting the circumstances (HC & SC Rulings on the cases) to circumvent Rule 111. In the fresh G.O., the whole scenario can be put-forth and be ordered that this is applicable only to the particular cases in view of the Court Orders.

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Answered on 6/14/10, 1:57 am


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