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[Cites 4, Cited by 0]

Central Administrative Tribunal - Kolkata

Thiru Murugan vs Police on 23 March, 2026

                                                                                                                     1                       O.A. 351 1192 of 2019


                                             CENTRAL ADMINISTRATIVE TRIBUNAL
                                                   KOLKATA BENCH
                                                (CIRCUIT AT PORT BLAIR)


  O.A. 351/1192/2019                                                                                                            Date of Hearing: 16.03.2026
                                                                                                                                Date of Order: 23.03.2026


  Coram : Hon'ble Smt. Urmita Datta (Sen), Judicial Member
          Hon'ble Mr. Suchitto Kumar Das, Administrative Member

       In the matter of:


             Thiru Murugan, S/o P. K. Selvam, aged about 36 years, working for
             gain as Head Constable (General Duty) under Commandant, Indian
             Reserve Battalion, Andaman & Nicobar Police, at present residing at
             Quarter No. IRB/A/TY-II/03 IRBn Campus, Port Mout (Vill), Chouldari
             (P.O.), South Andaman, A&N Islands - 744103.

                                                                                                                                                ..........Applicant


                                                                                                           -versus-



             1. Union of India through the Secretary to the Govt. of India, Ministry
             of Home Affairs, North Block, New Delhi-110001.

             2. Andaman & Nicobar Administration through the Chief Secretary,
             Andaman & Nicobar Administration, Port Blair, Pin-744101.

             3. Lieutenant Governor, Andaman & Nicobar Island, Raj Niwas, Port
             Blair, South Andaman, Pin-744101.

             4. The Special Secretary (Home), Andaman & Nicobar Administration,
             Port Blair, Pin 744101.

             5. The Director General of Police,                                                                                        Andaman     &    Nicobar
             Administration, Port Blair, Pin 744101.

             6. The Commandant, India Reserve Battalion, Andaman & Nicobar
             Police, Port Mout, P.O. Chouldari, South Andaman, Andaman &
             Nicobar Island, Pin-744103

                                                                                                                                            ...... Respondents.



                       Digitally signed by Dhrubajyoti banerjee
                       DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=



Dhrubajyoti banerjee
                       90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
                       SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
                       Reason: I am the author of this document
                       Location:
                       Date: 2026.03.23 16:29:16+05'30'
                       Foxit PDF Reader Version: 2024.3.0
                                                                                                                      2            O.A. 351 1192 of 2019


               7. T. Tammayya, Head Constable/101835, IRBn Port Mout, Chouldari
               (P.O.), South Andaman, Andaman and Nicobar Islands, Pin-744103

               8. C.H. Joga Rao, Head Constable/021013, IRBn Port Mout, Chouldari
               (P.O.), South Andaman, Andaman and Nicobar Islands, Pin-744103

               9. Adi Narayan G, Head Constable/021051, IRBn Port Mout, Chouldari
               (P.O.), South Andaman, Andaman and Nicobar Islands, Pin-744103

               10. Amit Kumar Singh, Head Constable/021031, IRBn Port Mout,
               Chouldari (P.O.), South Andaman, Andaman and Nicobar Islands, Pin-
               744103

               11. Vijay Kumar Ekka, Head Constable/021219, IRBn Port Mout,
               Chouldari (P.O.), South Andaman, Andaman and Nicobar Islands, Pin-
               744103

                                                                                                                                .....P. Respondents



  For the Applicant                      : Ms. Anjili Nag; Counsel
  For the Respondents                    : Dr. D. Chowdhury, Mr. T.D. Cruz; Counsel



                                             ORDER

Per Hon'ble Mr. Suchitto Kumar Das, Administrative Member:

1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):
"a) To set aside and quash impugned Circular dated 20.12.2018 issued by the Commandant, Indian Reserve Battalion, A&N Islands whereby applicant has been assigned seniority position at Sl. No. 83.
b) To set aside and quash impugned Memo dated 16.07.2019 issued by the Commandant, Indian Reserve Battalion, A&N Islands.
c) To set aside and quash impugned Order Book No. 1811 dated 16.07.2019 issued by the Commandant, Indian Reserve Battalion, A&N Islands whereby applicant's seniority position was confirmed at Sl. No. 83.
d) To aside set and quash Impugned Circular dated 30.11.2016/01.12.2016 issued by the Commandant, Indian Reserve Battalion, A&N Islands.
Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A. 351 1192 of 2019
e) To direct the respondents to recast the seniority position of the applicant and place him at Sl. No.4 in the seniority list of Head Constables with all consequential benefits.

f) Any other order or orders as the Hon'ble Tribunal deems fit and proper."

2. Facts as narrated by the applicant are as follows:

Applicant was appointed as Constable in the India Reserve Battalion, A&N Police in pay scale of Rs. 2750-4400/- with effect from 03.12.2002.
Recruitment Rules for the post of Head Constable (General Duty) provided for promotion by way of selection to the next higher post of Head Constable (G.D.) as the only mode of promotion and as such an original application being O.A No. 351/00082/AN/2014 was filed before the Tribunal by one N. Ravichandran, which was disposed of vide order dated 18.11.2014 which reads as under:
"6. In such view of the matter, the O.A. is disposed of with a direction upon the Andaman Administration, i.e. Respondent No. 4 or any other competent authority, to take up the matter with respondent no. 2 in order to get it clarified whether recruitment rules can be amended prior to expiry of five years from the date of last amendment and accordingly to seek an approval for amendment of existing RRs suitably. If approved, the respondents shall act expeditiously in getting the RRs suitably amended in order to redress the grievance of the present applicants and identically situated persons."

Pursuant to order dated 18.11.2014 passed by the Tribunal the Recruitment Rules for the post of Head Constable was amended vide Notification dated 17.08.2016 to the extent that the said post became a non-selection post and appointment to the said post was to be done 100% by promotion on seniority cum fitness basis. Applicant was promoted to the post of Head Constable Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A. 351 1192 of 2019 (General Duty) vide order dated 07.10.2016 with immediate effect. Vide order dated 08.12.2016, applicant was detailed to undergo the promotional cadre course at RTC, CRPF, Rajgir (Bihar) for a period of 08 weeks.

Vide Order Book No. 2340 dated 09.10.2018 a final seniority list / confirmation of seniority was published where the name of the applicant along with other Head Constables did not feature. A total of 77 Head Constables' name including the applicant herein did not feature in the seniority list as published vide order dated 09.10.2018. Being aggrieved, one Shri Kasireddy Ramesh Kumar submitted a representation dated 15.10.2018 ventilating his grievances regarding non-incorporation of his name in the seniority list dated 09.10.2018. A process was initiated by the department to grant promotion to the post of Assistant Sub- Inspector which is the promotional post of Head Constable and since the name of K. Ramesh Kumar along with others was not incorporated in the said Seniority List, Shri. K. Ramesh Kumar filed an Original Application No. 1637 of 2018 which was disposed of vide order dated 02.11.2018. The said order reads as under:

"4. However, the respondents are directed to dispose of the representation and communicate their order within a month from the date of communication of this order. It is unlikely that, till such time, respondents would be able to fill up the vacancy of ASI."

Pursuant to order dated 02.11.2018, a circular dated 20.12.2018 was issued in continuation of Office Order dated 09.10.2018 and accordingly a provisional seniority list of Head Constables (GD), IRBn was published wherein the name of the applicant features at seniority position 83. Aggrieved with the determination of his seniority position at 83, he submitted a representation dated 03.01.2019 ventilating his grievances and raising objection against the assignment of his seniority position. A memo dated 16.07.2019 was issued whereby the claim of the Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A. 351 1192 of 2019 applicant regarding re-fixation of his seniority position was turned down stating as under:
"The representations for re-fixation of seniority of HCs (GD) issued vide Order Book No. 2340 dated 09.10.2018 by citing various grounds was not found appropriate/accessible as the seniority of 82 HCs (GD) IRBn earlier fixed vide Order Book No. 2340 dated 09.10.2018 was done after vetting of seniority list by the A&N Administration and the same was in consonance with the Rule 2.2 of DoP&T's Office Memorandum No.22011/7/86-Estt.(D) dated 03.07.1986.
Hence, the representations of above mentioned HCs (GD) were taken into consideration and the same were rejected being devoid of any merit."

Hence this O.A.

3. Ld. Counsel for the applicant submits that the case of the applicant for recasting of seniority has been rejected in terms of Memo dated 16.07.2019 but while issuing the same, authorities have lost sight of standing Order No. 193 dated 14.03.2008 wherein Para 6 reads as under:

"The names of all Constables who have successfully completed the lower school course and have been declared to have qualified will be brought on promotion list 'B'. The Constables on Promotion list 'B' shall be promoted to the rank of Head Constables on officiating basis for a period of two years. After satisfactory completion of this period, they will be confirmed in the rank of Head Constable. However, the name can be removed from promotion list 'B' Commandant, IRBn if an individual fails to maintain exemplary standard of work and conduct."

Ld. Counsel for the applicant submits that a bare perusal of the above said Rule read with the RTI reply dated 29.04.2017, 16.05.2017 and 26.05.2017 reveals that for promotion to the post of Head Constable, one has to successfully complete the lower school course and have to be declared qualified to be brought on Promotion List 'B'. The RTI replies suggest that no batch of Head Constables (GD) or Police Constable (Exe) passed out the Lower Cadre Course (LCC) from the Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A. 351 1192 of 2019 Institution w.e.f. 2007 to 2014. Thus, it is amply clear that Head Constables (GD) whose names are above the name of the applicant in the seniority list have not undergone any LCC Training either in PTS or at any CPMF Training Institute and as such cannot be confirmed as Head Constable with seniority above the applicant. A process regarding grant of promotion to eligible Head Constable (GD) to the rank of Assistant Sub-Inspector (GD) in the IRBn has been initiated and the seniority of the Head Constable shall play a vital role in the said selection and unless and until the same is recasted, the applicant will suffer irreparable loss. Reliance placed by the respondent authorities on Rule 2.2 of DoP&T's OM dated 03.07.1986 is not applicable in the instant case. The specific case of the applicant revolves around the fact that the candidates who have been placed above the applicant in the seniority list of Head Constable have not completed the mandatory Lower Cadre Course (LCC) in terms of standing Order No. 193 dated 14.03.2008 and as such cannot be ranked higher than the applicant without being confirmed.

Ld. Counsel for the applicant submits that the applicant being a substantive holder of the post of Head Constable w.e.f 07.10.2016 has a right to have his name incorporated in the seniority list of the Head Constable at Sl. No. 4. As it is mandatory to pass the Lower Cadre Course (LCC) in terms of standing Order No. 193 dated 14.03.2008 for promotion to the post of Head Constable and as the same has not been followed, assignment of seniority as per the seniority list of Head Constable is illegal and bad in law. She submits that the applicant will be deprived of being promoted to the next promotional post of Assistant Sub- Inspector (General Duty) if his name does not feature in the proper position at Sl. No. 4 in the seniority list of Head Constable.

4. Ld. Counsel for the respondents submits the following: Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A. 351 1192 of 2019 I) The applicant was appointed as Constable (GD) in India Reserve Battalion, A & N Islands vide Order No. 245 dated 03/12/2002 and promoted as Head Constable (GD) vide Order dated 07/10/2016.

II) The private respondent No. 1 herein was appointed as Constable in Border Security Force vide Order No.R.II/1/88-DIGP (HQ)/BSF/9202-3 dated 28/10/1988 and while he was undergoing his deputation period in India Reserve Battalion, A & N Islands, was cleared for regular promotion to the rank of Head Constable (GD) in his parental department, Border Security Force, on 30/05/2007. Later on, the private respondent No.1 herein, was absorbed in the India Reserve Battalion, A & N Islands, vide Order Book No. 2289 dated 29/09/2010.

III) Other private respondents herein were appointed as Constable (GD) in India Reserve Battalion, A & N Islands vide Order No.245 dated 03/12/2002 and subsequently promoted as Head Constables (GD), in India Reserve Battalion, A & N Islands vide Order Book No. 1238 dated 23/06/2008.

IV) The applicant had appeared in the Promotion test of Head Constable (GD) in India Reserve Battalion, A & N Islands along-with the private respondents herein during the year 2008 and was disqualified during the said selection process. V) The rules regulating the method of recruitment for the post of Head Constable in India Reserve Battalion, A & N Islands was governed by the 'A & N Police, India Reserve Battalion, (Group 'C' Posts) Recruitment Rules, 2002' issued vide Notification dated 22/05/2002. The Recruitment Rules of 2002, prescribe the method of recruitment for the post of Head Constable in India Reserve Battalion, A & N Islands by promotion from amongst Constables who have completed 5 years of regular services and have passed the Head Constable tests conducted by the Department. Accordingly, on accrual of 49 vacancies for the post of Head Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A. 351 1192 of 2019 Constable (GD) in India Reserve Battalion, A & N Islands, a Standing Order No. 193 dated 14/03/2008, prescribing the method of recruitment for the vacant posts, was issued with the object to bring transparency and fairness and also to meet the requirements of the Battalion at that relevant point of time.

VI) The promotion test for Constable (GD) to Head Constable (GD) in India Reserve Battalion, A & N Islands was conducted in terms of the A & N Police, India Reserve Battalion, (Group "C" Posts) Recruitment Rules, 2002 and in accordance with Standing Order No. 193 dated 14/03/2008. Total of 82 Constables (GD) were promoted from the rank of Constable (GD) to Head Constable (GD) in India Reserve Battalion, A & N Islands vide Orders dated 23/06/2008, 15/07/2009, 06/08/2009, 13/01/2010 and 14/09/2012. All the above 82 promoted Head Constables had undergone their Lower Cadre Course for a period of 03 months at Recruit Training Centre, Police Line, Port Blair vide Order No. 436 dated 25/06/2008, Order No. 18 dated 07/01/2009 and Order No. 598 dated 30/09/2009 in accordance with said Standing Order No. 193 dated 14/03/2008. VII) During the year 2012, the rules regulating the method of recruitment for the post of Head Constable (GD) in India Reserve Battalion, A & N Islands were revised vide Notification No. 131 dated 13/06/2012 and the method of recruitment for the post of Head Constable (GD) in India Reserve Battalion, A & N Islands was prescribed by promotion from amongst the Constable (GD) of India Reserve Battalion with 5 years regular service in the grade pay of Rs. 2000 subject to qualifying the departmental promotion test and also subject to have passed the higher grade Head Constable (GD) cadre course conducted by CPMF training centre/Institute.

Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 9 O.A. 351 1192 of 2019 VIII) Subsequently, on the recommendation of Departmental Promotion Committee held on 07/10/2016, initially 72 Constables (GD) (including the applicant herein) were promoted to the rank of Head Constable (GD) in India Reserve Battalion, A & N Islands.

IX) In continuation of the said Order Book No. 2487 dated 07/10/2016, the Commandant, IRBn, A & N Islands further detailed, 36 Head Constables (GD) (including the applicant herein) to undergo the promotional cadre course / lower cadre course at Recruit Training Centre, CRPF, Rajgir, Bihar for a period of 08 weeks commencing from 02/01/2017.

X) In the meantime, the Provisional Seniority list of 82 Head Constable (GD) of India Reserve Battalion, A & N Islands was issued vide Circular No. IRBn / Circular / Seniority of HC (GD) /2016/1785 dated 01/12/2016 and invited claims and objections. At that point, the applicant herein along with 77 other Head Constable (GD), were not eligible to be included in the said Provisional Seniority lists as they had not completed the Promotional Cadre Course / Lower Cadre Course in terms of the Standing Order No. 193 dated 14/03/2008. Subsequently, the Confirmed Seniority List was issued vide Order Book No. 2340 dated 09/10/2018, after disposal of all claims and objections, in accordance with law. XI) An Original Application being O.A. No. 351/1637/2018 (Shri Kasireddy Ramesh Kumar -Vs- Union of India & Ors.) was filed by challenging the provisional seniority list of Head Constable (GD), India Reserve Battalion, A & N Islands issued vide Circular No. IRBn/Circular/Seniority of HC (GD)/2016/1785 dated 01/12/2016 and the Confirmed Seniority list issued vide Order Book No. 2340 dated 09/10/2018, with the prayer to direct the respondents to incorporate the name of the applicant. The Tribunal disposed of the said Original Application vide Judgment Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 10 O.A. 351 1192 of 2019 Order dated 02/11/2018 by directing the respondents to dispose of the representation dated 15/10/2018 of the applicant within a period one month.

Accordingly, in addition to the seniority list of above 82 Head Constable (GD) of India Reserve Battalion, A & N Islands which was issued vide Order Book No. 2340 dated 09/10/2018, the Commandant, IRBn, A & N Islands had issued Provisional Seniority list vide Circular No. IRBn/Estt/Seniority of HC (GD)/2018/2138 dated 20/12/2018, distinctively specifying the seniority position from 83 to 160 of those Head Constables (GD) appointed during and after the year 2016. Later on, the representation dated 15/10/2018 submitted by the applicant Shri K. Ramesh Kumar was also disposed of by the Commandant, IRBn, A & N Islands vide Order Book No. 2733 dated 21/12/2018 in terms of the above Judgment / Order dated 02/11/2018 passed by the Tribunal.

XII) The applicant herein and 12 others had submitted their claims and objection against Circular No. IRBn/Estt. / Seniority of HC (GD)/2018/2138 dated 20/12/2018 with the request to revise their seniority positions in supersession of the seniority of 82 Head Constables (GD) who were promoted during the year 2008, 2009 & 2010 and whose seniority was confirmed vide Order Book No. 2340 dated 09/10/2018. After due deliberation of the above representations, the Commandant, IRBn, A & N Islands, rejected their claims and objections being devoid of merit vide Memo dated 16/07/2019.

XIII) After completion of the Promotional Cadre Course / Lower Cadre Course of 78 Head Constables (GD) who were promoted during the year 2016 in accordance with the Andaman and Nicobar Administration, Andaman and Nicobar Police Department, Group C posts of Head Constable (GD) of India Reserve Battalion Recruitment (Amendment) Rules, 2016 issued vide Notification dated Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 11 O.A. 351 1192 of 2019 17/08/2016, was confirmed vide Order dated 16/07/2019 and in accordance with Office Memorandum No. 20011/7/86-Estt.(D) dated 03/07/1986 issued by the Department of Personnel & Training, New Delhi.

XIV) The cases of the private respondent No. 1 herein as well as the private respondents herein were considered on merit and their seniority was confirmed in terms of the Office Memorandum dated 03/07/1986 issued by the Department of Personnel & Training. Hon'ble Supreme Court in Desoola Rama Rao and another -Vs-State of Andra Pradesh and others Respondents in Civil Appeal No. 1995 of 1977, D/-24-2-1988, specifically guided the fixation of inter-se-seniority on the basis of the length of services. In view of the said judgment / order, the applicant herein cannot question and the promotion of the Private Respondent No. 1 herein as well as the Private Respondents herein who are senior to the Head Constables (GD) appointed during the year 2008, 2009 & 2010. It is also a matter of fact and record that the applicant herein had appeared for promotional tests of Head Constables (GD) during the year 2008 and failed to qualify in the said promotional tests in India Reserve Battalion, A & N Islands. XV) In terms of the Amendment Recruitment Rules of 2016, all 82 Head Constables (GD) who were promoted during the year 2008, 2009 & 2010 have got their absolute right to be incorporated in the promotional list 'B'. All the promotees had undergone their Promotional Cadre Course / Lower Cadre Course at Recruit Training Centre, Police Line, Port Blair and successfully completed their training. The Provisional Seniority List dated 01/12/2016 and the Confirmed Seniority List dated 09/10/2018 are in accordance with Amendment Recruitment Rules of 2016.

Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 12 O.A. 351 1192 of 2019
5. Ld. Counsel appearing for the private respondent nos. 9 and 10 has raised strong objections on the following grounds:
I. If there is any alleged illegality in the promotion order dated 14.10.2008 (as mentioned in Annexure A-8/page No. 27 of the O.A.) of the Private Respondents, the said date can be altered only by first setting aside the promotion order dated 14.10.2008, which is the outcome of a legally conducted selection process based on the 2002 Recruitment Rules (Annexure R/5 at page 49 of the Reply filed by the Official Respondents) read with Standing Order No. 193 dated 14.03.2008 (Annexure A-16/page No. 42 of the O.A.). Without setting aside the said promotion order, no rearrangement of seniority is legally permissible.

II. Neither the promotion order dated 14.10.2008 of the Private Respondents, nor the 2002 Recruitment Rules, nor the Standing Order dated 14.03.2008, are under challenge in the instant O.A. In the absence of a specific challenge to and setting aside of the said promotion order, the prayer of the Applicant for placing him in between Private Respondent Nos. 9 & 10 in the seniority list is wholly misconceived and not maintainable in law. It is trite law that a collateral attack upon an order, without directly challenging it, is impermissible. III. Moreover, the promotion order dated 14.10.2008 cannot be assailed in the year 2019, after a gross delay of over 11 years. The law of limitation under Section 21 of the Administrative Tribunals Act, 1985 mandates that an application must be filed within one year from the date on which the cause of action first arose. The Applicant, having been fully aware of the promotion order dated 14.10.2008 which was widely circulated and displayed on the Notice Board is absolutely barred from questioning the same at this belated stage. The O.A. is thus liable to be dismissed on the ground of limitation alone.

Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 13 O.A. 351 1192 of 2019 IV. The Applicant is further and independently precluded from challenging the promotion order dated 14.10.2008 for the additional and compelling reason that he himself participated in the very same selection process held during 2008 for promotion to the post of Head Constable. Having voluntarily participated in the process and taken his chance therein, he was found disqualified (Annexure R/4 at pages 44 and 45 of the Reply filed by the Official Respondents). A candidate who participates in a selection process, submits to its procedure, and is thereafter unsuccessful, is estopped in law from challenging the validity of the same process.

To permit such a challenge would be to allow a party to approbate and reprobate at the same time, which is impermissible.

V. The Applicant secured promotion to the post of Head Constable only on 07.10.2016 (Annexure A-5/page 21), under the Recruitment Rule of 2012 read with the RR of 2016 (Annexure R/7 at page No. 73 and Annexure R/8 at page No. 87 of the reply filed by the official respondents). His claim to be placed in the seniority list above persons who were regularly promoted to the said post on 14.10.2008 - a full eight years before his own entry into the cadre - is wholly untenable and contrary to settled principles of service under any jurisprudence. An employee cannot, under any circumstances, claim seniority from a date prior to his actual induction into the cadre. Any such claim is contrary to the fundamental principle that seniority follows appointment, and not vice versa.

The legal position on this aspect is well-settled by the following judicial pronouncements: (i) Direct Recruit Class II Engineering Officers' Association v. State of Maharashtra, (1990) 2 SCC 715 - the Hon'ble Supreme Court held that seniority of a person in a particular cadre must be reckoned from the date of his Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 14 O.A. 351 1192 of 2019 continuous officiation in such cadre and cannot be antedated to a period when he had no foothold in the said cadre.

VI. The applicant neither challenged the selection process nor the promotion order dated 14.10.2008 at any point prior to 2019. Each of the orders dated 23.06.2008, 14.10.2008 and 19.01.2009 was widely circulated and displayed on the Notice Board, and the applicant had full and actual knowledge thereof. Having remained silent and acquiescent for over a decade, the present O.A. is hopelessly barred by the law of limitation and is liable to be dismissed on this ground alone. VII. Furthermore, in his representation filed before the Official Respondents on 03.01.2019 (Annexure A-13/page No. 38 of the O.A.), the Applicant has sought to base his case on an RTI reply dated 29.04.2017, ostensibly to challenge the promotion made on 14.10.2008. This approach is legally untenable on two counts: first, the RTI Act, 2005 is an information disclosure mechanism and an RTI reply cannot constitute or create a fresh cause of action for the purpose of limitation in service matters; and second, the promotion order dated 14.10.2008 is not even under challenge in the instant O.A. The Applicant cannot be permitted to mount an indirect attack upon an order which he has not directly challenged. VIII. The promotion granted to the Private Respondents is legally valid, procedurally sound, and fully in accordance with the rules prevailing at the time of promotion. The step-by-step process followed by the department is set out hereunder:

(1) The prevailing recruitment rule in the year 2008 for promotion to the post of Head Constable was the 2002 Recruitment Rule (Annexure R/5 at page 50), which provides :-
PROMOTION:
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 15 O.A. 351 1192 of 2019 Police Constables who had completed 5 years of regular service and have passed the Head Constable test conducted by the Department.

(2) For conducting the test in fair and transparent manner, the department formulated a detailed procedure by way of issuance of a standing Order No. 193 dated 14.03.2008 (Annexure R/5 at page 52). As per the standing order (page 58 of reply by official respondents) the Lower School Course of Constable on promotion are to undergo promotion course as prescribed by the competent authority.

(3) The private respondents passed the test, whereas the Original Applicant was disqualified.

(4) The private respondents were included in List A dated 23.06.2008 (Annexure R/6 at page 60). This Order Book No. 1238 was widely circulated and also displayed in Notice Board for information of all the candidates but the present applicant did not prefer to challenge the said Order dated 23.06.2008 within the period of limitation.

(5) Subsequently, as prescribed by the competent authority, the private respondents were deputed to undergo Lower Cadre Course for a period of 03 months w.e.f 27/06/2008 at Police Training School, Police Lines vide an Order No. 436 dated 25.06.2008 (Annexure R/6 at page 66).

(6) The private respondents completed the 03 months course and thereafter final promotion was granted vide Order Book No. 1737 dated 14.10.2008. The Order was also widely circulated and also displayed in Notice Board for information of all the candidates but the present applicant did not prefer to challenge the said Order dated 14.10.2008 within the period of limitation.

Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 16 O.A. 351 1192 of 2019
6. Applicant has filed his rejoinder and reiterated the submissions made in the O.A.
7. Heard the parties. Perused material on record.
8. Ld. Counsel for the private respondents during hearing submitted that by challenging the seniority list of Head Constables, the applicant has indirectly attempted to frustrate the promotion of the private respondents which they got as far back as in 2008 and 2009. Such collateral attack on orders passed long back, besides attracting the law of limitation is not permissible in law. While we find merit in the submission of the Ld. Counsel for the private respondents, since the matter has already been admitted vide this Court's order dated 22/11/2022 and has been heard on a few occasions in the past, at this stage, we deem it appropriate to deal with the issue on merits.
9. The applicant was promoted to the post of Head Constable vide order dated 07.10.2016. He was sent for Lower Cadre Course at R.T.C., CRPF, Rajgir, Bihar for a period of 8 weeks. He completed this course. A provisional seniority list was circulated on 20.12.2018 in which the applicant's seniority was fixed at 83 in the list of Head Constables. It is the applicant's case that his seniority should be fixed ahead of the Head Constables who had not completed the mandated Lower Cadre Course from an institute which is authorised to conduct Lower Cadre Course. Respondents have countered by stating in their reply that the Head Constables who were promoted to the post in 2008 and 2009 underwent a 3 month Lower Cadre Course at Recruit Training Centre, Police Line, Port Blair. It is the case of the applicant that this 3 month course was not imparted by an institute authorised to impart such course. According to the applicant, Recruit Training Centre, Police Lines, Port Blair had no authority or infrastructure to offer Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 17 O.A. 351 1192 of 2019 Lower Cadre Course required for promotion to the post of Head Constable. The applicant has relied on replies furnished by the police authorities in response to queries filed by the applicant under RTI Act in support of his submission.
10. It is not disputed that completion of Lower School Course is required for promotion to the post of Head Constable. What is disputed in the instant case is the competence of the Recruit Training Centre, Police Line, Port Blair to conduct the Lower School Course.

Parties have referred to Standing Order No. 193 dated 14th March, 2008 in the context of requirement of completing Lower School Course for promotion to the post of Head Constable. This standing order prescribes that after having passed an outdoor test, written test and interview, the candidates will be placed in Promotion List A. Constables in Promotion List A shall be detailed to undergo promotion course as prescribed by the competent authority. Para 5 and Para 6 of the Standing Order No. 193 dated 14/03/2008 are quoted below for better clarity:

"5. LOWER SCHOOL COURSE Constable on Promotion List 'A' shall be detailed in order of their seniority to undergo promotion course as prescribed by the Competent Authority. In the course, those candidates, who fail in one subject, shall be allowed to take up the test in that very subject in the next course. However, those who fail in more than one subject shall be required to re-appear in all subjects after undergoing the full term of the training in the next course. The seniority of such Constables will be fixed last in their batch but before the batch with which they take the re-examination.
6. PROMOTION LIST 'B' The names of all Constables who have successfully completed the lower school course and have been declared to have qualified will be brought on promotion list 'B'. The Constables on Promotion List 'B' shall be promoted to the rank of Head Constables on officiating basis for a period of two years. After satisfactory completion of this period, they will be confirmed in the rank of Head Constable. However, the name can be removed from promotion list 'B' by Commandant, IRBn if an individual fails to maintain exemplary standard of work and conduct."
Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 18 O.A. 351 1192 of 2019 Para 6 quoted above says that all constables who successfully complete the lower school course will be brought on Promotion List 'B'3 and will be promoted to the post of Head Constable. Thus, as per the Standing Order quoted above, completion of lower school course is necessary for being promoted as Head Constable. It also authorises the competent authority to prescribe the course. It does not specify that the said course has to be undergone in a particular institution or type of institution nor does it specify an availability of a minimum level of infrastructure at such institution. More specifically, it does not bar the Recruit Training Centre to conduct the course or makes it mandatory that such course can only be conducted in a Police Training School with a basic minimum infrastructure.
11. Respondents in their reply have made a specific averment accompanied by documentary evidence annexed to the reply that the private respondents have undergone the Lower Cadre Course at Recruit Training Centre at Port Blair. We do not find merit in the applicant's submission that the course undergone by the private respondents at RTC Police Lines, Port Blair does not conform to the requirement of having completed the Lower School Course as laid down in Standing Order 193 dated 14/03/2008.
12. The applicant has further relied on RTI replies by the authorities (Annexure A-17 to the O.A) dated 29.04.2017, 16.05.2017 and 26.05.2017 to argue that facilities for imparting the promotional course were set up in the Andaman Islands for the first time in 2010 after the establishment of Police Training School at Prothrapur, Port Blair. Therefore, the private respondents could not have undergone the Lower Cadre Course at Port Blair in 2008 and 2009 as has been claimed by the respondents.
Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 23 O.A. 351 1192 of 2019
14. The authorities in their RTI replies have supplied the following information:
(i) A full-fledged and independent P.T.S with required infrastructure was set up in 2010 by upgrading the existing Recruit Training Centre, Police Lines, Port Blair.
(ii) As per standing order no. 528 dated 02/02/2015, the institute imparted promotional courses to two batches, consisting a total of 109 Head Constables during the year 2015.
(iii) As there was no Police Training School, some of the Head Constables (311 in number as per Annexure A to RTI reply dated 16.05.2017) underwent lower course outside of A&N Islands.
(iv) After up-gradation from Recruit Training Centre to Police Training School during the year 2015 the institute imparted promotional training course to Head Constables.

It is not clear from the above, on what basis the applicant inferred that the lower school course could not be imparted by Recruit Training Centre, Police Lines, Port Blair.

Information in item (i) and (ii) are statements of facts and cannot be implied to mean that there was no infrastructure in the Recruit Training Centre to offer Lower School Course.

In item (iii) above, the reply says that 311 Head Constables were sent for Lower Course outside the A&N Islands as there was no P.T.S in A&N Islands prior to the establishment of PTS at Prothrapur. It does not state that all Head Constables during the period were sent outside A&N Islands implying that only a section of the Head Constables, who could not be accommodated in the set up existing in A&N Islands at that time, were sent outside, further implying Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 24 O.A. 351 1192 of 2019 that some of the Head Constables were actually imparted the course in A&N Islands. This fact is borne out by the averment of the respondents in their reply that the private respondents were imparted Lower School Course at RTC, Port Blair.

In item (iv) above, the reply merely says that after its up-gradation to Police Training School, the PTS imparted the promotional course in 2015 without in any way implying that the said course was not conducted in A&N Islands before 2015.

15. From the queries posed under RTI, it can be seen that no information was asked for regarding the competence of Recruit Training Centre, Police Lines to impart the Lower School Course for promotion to the post of Head Constable, nor was any direct question asked if only a full-fledged Police Training School was authorised to conduct the Lower School Course for promotion to the post of Head Constable. Instead, the applicant chose to frame questions which did not directly address his concern about the competence of Recruit Training Centre, Police Lines, Port Blair to conduct the Lower School Course. He then proceeded to draw inferences from the replies to such questions interpreting them as per his own understanding. None of the replies of the administration can be interpreted to mean that the Recruit Training Centre, Police Lines was not competent to impart Lower School Course for promotion to the post of Head Constable, nor does any of the replies imply even indirectly that this course can be conducted only by Police Training Schools. In fact, the conclusion drawn by the applicant is belied by his own circumstances as he was sent to RTC, CRPF, Rajgir, Bihar in 2016 i.e. after the PTS at Prothrapur, Port Blair had already started conducting the course in 2015. Though full expansion of RTC, CRPF is not available on record, it is Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0 25 O.A. 351 1192 of 2019 presumed to be Recruit Training Centre, Central Reserve Police Force which not only goes to show that Constables continued to be sent to other States for the course even after the commissioning of PTS, Prothrapur at Port Blair, but that the applicant himself underwent the Lower Cadre Course at a Recruit Training Centre and not a Police Training School.

16. Ld. Counsel for the applicant has cited two judgements in favour of her submission that RTI replies are valid grounds in a case such as the present one. However, it goes without saying that the information supplied under RTI should be relevant and directly related to the case. In the instant case as has been discussed above, in our opinion, the applicant has taken the information supplied under RTI out of context and has interpreted the same in an erroneous manner. The information supplied under RTI to the applicant does not in any manner imply that RTC, Police Lines, Port Blair could not have imparted the Lower School Course in 2008 and 2009. The private respondents completed a 3 months course at RTC, Police Lines, Port Blair in 2008 and 2009 and were confirmed as Head Constables in the same years. The applicant was promoted as Head Constable in 2016 and underwent the course in the same year. The private respondents are indisputably senior to the applicant and have been rightly placed above the applicant. O.A is thus found to be devoid of merit.

17. The O.A is dismissed on merits. No costs.

  (Suchitto Kumar Das)                                                                                                          (Urmita Datta (Sen))
     Member (A)                                                                                                                     Member (J)



  DB




                       Digitally signed by Dhrubajyoti banerjee

DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:

Date: 2026.03.23 16:29:16+05'30' Foxit PDF Reader Version: 2024.3.0