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january 1967

Supreme Court of India · 1967-01-05

D.R. NIM, I. P. S. vs UNION OF INDIA

Citation / case number
SC 1965/221
Court
Supreme Court of India
Petitioner
D.R. NIM, I. P. S.
Respondent
UNION OF INDIA
Author
RAO, K. SUBBA (),SHAHC.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.
Bench
RAO, K. SUBBA (CJ),SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.,VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court held that under Rule 3 of the Indian Police Service (Regulation of Seniority) Rules, 1954, the seniority of officers must be determined based on their year of allotment, which should consider continuous officiation prior to the date of recruitment by competition. The Court quashed the Central Government's order dated 25th August 1955, which arbitrarily set 19th May 1951 as a cutoff date for seniority, stating it lacked adequate justification. The Court directed the Central Government to fix the appellant's seniority according to law, emphasizing the need for proper consultation with the Public Service Commission as mandated by the rules.

D.R. NIM, I. P. S. vs UNION OF INDIA · Niyam