- (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 : "(b) If the initial appointment is not made by following the procedure laid down by the rules but the appointee continues in the post uninterruptedly till the regularization of his service in accordance with the rules, the period of officiating service will be counted." The petitioner has specifically pleaded that he was promoted to the post of Sub Inspector of Police, vide Memo No. 9088 dated 26th June, 1976 w.e.f. 11th June, 1976. Subsequently, he was confirmed to the post of Sub Inspector of Police, vide Memo No. 478 of 1990 w.e.f. 1st February, 1983.
(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.;