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Kiran Pal Singh v. State Of U.P. Thru' Secretary, Home And Another - WRIT - A No. 28992 of 2006  RD-AH 6328 (6 April 2007)
Court No. 38
Civil Misc. Writ Petition No. 28992 of 2006
Kiran Pal Singh Versus State of U.P. and others
Hon'ble Mr. Justice Vineet Saran
The petitioner was appointed as a Constable in the Civil Police on 30.6.1975. He was thereafter transferred to Armed Police on 26.10.1976. With effect from 5.6.1981, the petitioner was granted promotion as a Head Constable (Armed Police) under the provisions of the U.P. Police Regulations. He thereafter completed his training for Head Constable (Armed Police) from 25.5.1982 to 25.10.1982. On 6.7.2005 a Government Order was issued for undertaking exercise for making promotion on the post of Sub Inspector (Special Category). By Circular dated 18.8.2005 issued by the Police Headquarters, U.P., Allahabad, the said posts of Sub Inspectors (Special Category) were to be filled up from amongst those Head Constables who had completed 24 years of continuous service as on 1.7.2005. When the case of the petitioner was ignored for such promotion, and other persons who had completed 24 years of service had been granted such promotion, the petitioner filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondents to promote him as Sub Inspector (Special Category) applying the criteria of seniority subject to rejection of unfit in terms of the Circular dated 18.8.2005 and give him all consequential benefits.
By an interim order dated 23.5.2006 this Court had directed the respondent no.2 to pass specific order with regard to the claim of promotion of the petitioner within six weeks or show cause by way of filing a counter affidavit.
Along with the counter affidavit an order dated 15.7.2006 has been annexed whereby the claim of the petitioner has been rejected on the ground that persons junior to the petitioner have yet not been considered and that his case for promotion shall be considered in its turn.
By means of an amendment, the petitioner has also challenged the aforesaid order dated 15.7.2006 passed by the Respondent no.2.
I have heard Sri K.M.Misra, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents. Pleadings have been exchanged and with consent of the learned counsel for the parties, this writ petition is being disposed of at this stage.
The submission of the learned counsel for the petitioner is that the minimum qualification for consideration of grant of such promotion under the Government Order dated 6.7.2005 and the Circular dated 18.8.2005 was that a person should have completed 24 years as Head Constable (Armed Police) on 1.7.2005. The condition of having passed the training was nowhere mentioned in the Circular. In Paragraph 5 of the writ petition it has been categorically stated that the petitioner was granted such promotion as Head Constable on 5.6.1981 in exercise of the powers conferred under Para 455 of the U.P. Police Regulations, which provides for grant of such promotion to specially deserving constables of Armed Police, who may not be qualifying for such promotion under Para 454 of the Regulations, which is the clause for promotion in normal course. The averments made in Paragraph 5 of the writ petition have not been denied in the counter affidavit. By the impugned order dated 15.7.2006 the case of the petitioner has been rejected on the ground of promotion of the petitioner having been granted under Regulation 454 of the U.P. Police Regulations, which could be only after completion of the training by the petitioner as Head Constable, which he had undergone from 25.5.1982 to 25.10.1982. As such, since persons who had undergone such training in the year 1976 had been given such promotion, by the impugned order it has been stated that the case of the petitioner would be considered in its turn when the cases of persons who have undergone training in 1982 would be considered.
The specific case of the petitioner is that he was promoted under Para 455 of the U.P. Police Regulations providing for out of turn promotion to specially deserving constables. The Respondent no.2, while deciding the case of the petitioner, has wrongly considered his case of promotion as Head Constable under Para 454 of the U.P. Police Regulations. Promotions made under Para 455 are in the form of out of turn promotion given in specially deserving cases.
Some extracts of the service book of the petitioner have been filed along with the writ petition. The entire service book of the petitioner has been placed by the learned Standing Counsel for my perusal. On page 12/13 of the service book it has been mentioned that vide order dated 5.6.1981, the petitioner has been promoted as Head Constable (Armed Police) with effect from 5.6.1981. Then on page 18 of the service book it has been stated that on completion of ten years of satisfactory service as Head Constable, the petitioner was placed in the special grade with effect from 5.6.1991. As such the respondents have themselves accepted that the initial promotion of the petitioner as head Constable had been granted on 5.6.1981. According to the same, the petitioner would be completing his 24 years of service on 5.6.2005. He would thus be qualified for consideration for promotion as Sub Inspector (Special Category) under the government Order dated 6.7.2005 and the Circular dated 18.8.2005. As such the order treating the petitioner having been promoted as Head Constable with effect from 1982 under Para 454 of the U.P. Police Regulations deserves to be set aside as the petitioner had been granted out of turn promotion on 5.6.1981, under Para 455 of the U.P. Police Regulations.
Accordingly, this writ petition stands allowed. The order dated 15.7.2006 passed by the Respondent no.2 is quashed. It is directed that the case of the petitioner for promotion as Sub Inspector (Special Category) be considered, treating him as having been promoted as Head constable (Armed Police) with effect from 5.6.1981 under Para 455 of the U.P. Police Regulations. The respondent no.2 shall thus consider the case of the petitioner for promotion in the light of observations made hereinabove and in terms of the Government Order dated 6.7.2005 and the Circular dated 18.8.2005 within two months from today. In case if the promotion is denied to the petitioner, the said respondent no.2 shall pass speaking and reasoned order for not granting the same to the petitioner.
No order as to cost.
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