Court mandates adherence to Rule 16A for determining seniority of transferred constables
In a significant ruling, the Chhattisgarh High Court has directed the State Government to reassess the seniority lists for police constables, emphasizing strict adherence to Rule 16A of the Chhattisgarh Police Executive Force, Constable (Recruitment and Conditions of Service) Rules, 2007. The judgment addresses grievances raised by petitioners regarding the improper placement of transferred employees in the seniority list, which affected their promotional prospects.
Presided over by Justice Bibhu Datta Guru, the Court deliberated on multiple writ petitions filed by constables serving in District Korba, challenging the seniority lists prepared for the Departmental Promotion Committee (DPC) 2026. The petitioners argued that employees transferred on their own request were incorrectly placed above them in the seniority list, contrary to the statutory provisions.
The Court highlighted the amendment to Rule 16A, notified on 13th February 2026, which clearly states that employees transferred at their own request must be positioned at the bottom of the seniority list in the transferee district. The Court criticized the respondents for preparing the seniority list based on the original date of appointment of the transferred employees, thereby ignoring the statutory mandate.
Justice Guru emphasized that seniority must be determined in line with Rule 16A, ensuring fairness and compliance with statutory provisions. The Court set aside the seniority and fit lists prepared post-13th February 2026 and ordered a fresh exercise to determine seniority accurately. The judgment underscores that the promotional exercise based on incorrectly determined seniority cannot create vested rights for the beneficiaries.
The High Court's decision is expected to have wide-ranging implications for the promotion processes within the Chhattisgarh Police Department, ensuring that all procedures align with the statutory framework to uphold the principles of equality and non-discrimination enshrined in Articles 14 and 16 of the Constitution of India.
Bottom Line :
Determination of seniority for promotion must adhere to the statutory provisions, particularly Rule 16A of the Chhattisgarh Police Executive Force, Constable (Recruitment and Conditions of Service) Rules, 2007. Employees transferred on their own request must be placed at the bottom of the seniority list of the transferee district from the date of transfer.
Statutory provision(s): Rule 16A of the Chhattisgarh Police Executive Force, Constable (Recruitment and Conditions of Service) Rules, 2007; Articles 14 and 16 of the Constitution of India
Tareshwar Nath Keshri v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc id # 2962650
