LAW FOR ALL

Service matter - promotion to D.S.P cadre - The Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, - Police force , Vigilance force , Armed police force - except in police force there is no promotion to DSP post in other cadres - to avoid injustice - integrated rules framed merging all forces - Apex court set aside the order of High court which quashed the retrospective promotion granted to the private respondents and striking down Rule 9(iv) and hold that the seniority in the integrated cadre of inspectors shall be decided only on the basis of their substantive promotion to that post, and not based on the date of promotion/appointment to the post of sub- inspector - Apex court held that the rule is valid and sound - if length of service was taken in to consideration for promotion to the DSP - direct recruiters should be eliminated every time from promotion to DSP - to avoid injustice only integrated rules are farmed merging three forces under one service rules - Date of appointment or promotion to the post of Sub-Inspector was only taken as basic for promotion to DSP - not unconstitutional = STATE OF SIKKIM AND OTHERS … APPELLANT (S) VERSUS ADUP TSHERING BHUTIA AND OTHERS … RESPONDENT (S)= 2014 ( Feb.Part) judis.nic.in/supremecourt/filename=41230