Gujarat High Court seeks state, police's reply on govt resolutions on seniority

In a case that could have wider ramifications, 13 police sub-inspectors (wireless) have challenged the constitutional validity of two resolutions of the state finance department and general administration department (GAD). January 18, 2017, resolution of the finance department and January 20, 2018 resolution of the GAD resolved to consider the period of contractual service of directly recruited officers for deciding seniority and other benefits.

The division bench of acting chief justice AS Dave and Justice Biren Vaishnav, while hearing the case on Monday, sought immediate replies from the state government and additional director general of police. The court has issued a notice to the authorities directing them to file their replies within March 8.

It is the case of the petitioners, who were initially appointed as radio operators and later promoted to the position of PSI (wireless), that the resolutions passed by the government departments have rendered them junior to the direct recruits. They have claimed that a 2006 government regulation categorically provided that for all direct recruitment in Class III and IV ranks, an initial five-year fixed pay period has to be served and it will not be considered for the purpose of seniority.

The petitioners have contended that they were earlier declared senior in the seniority list in 2015 and none of the direct recruits had challenged the gradation list.

However, the state government later came up with the two resolutions rendering them junior to the direct recruits. It is their argument that it is a settled law that seniority list once finalised cannot be unsettled. They have also appealed to the court to declare them senior to the direct recruits.

PETITIONERS CLAIMED

The petitioners have contended that they were earlier declared senior in the seniority list in 2015 and none of the direct recruits had challenged the gradation list.