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2010 Supreme(Ori) 573

B.N.MAHAPATRA, V.GOPALA GOWDA
Gadadhar Mohapatra – Appellant
Versus
Chief Secretary Commissioner, R. P. F. East Coast Railway, Bhubaneswar – Respondent


Advocates:
For Petitioner:M/s. M. K. Khuntia, G. R. Sethi, J. K. Digal, B. K. Pattnaik and S. C. Pradhan
For Opp.Party:M/s. A. K. Mishra, N. Patra, A. K. Patra, B. Shadangi
M/s. D. Kumar Panda, J. Sengupta, G. Sinha, A. Mishra (for intervenor)

JUDGMENT

B.N. MAHAPATRA, J. — In the present writ petition, the petitioner challenges the action of the opp.parties in not allowing him to participate in the test for promotion to the rank of A.S.I. under Rule 72 of the R.P.F. Rules, 1987 (for short, ‘Rules 1987’) which was scheduled to be held on 21.04.2010 onwards at Vishakhapatnam on the ground that the said action is illegal, arbitrary and in violation of the fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India.

2.Bereft of unnecessary details, the facts and circumstances giving rise to the present writ petition are that the petitioner was selected for the post of Constable on 08.03.1999. After his selection, he was sent for training and after completion of nine months training he was appointed as Constable on 29.01.2000. While working as such, Opp.Party-Chief Security Commissioner/RPF, East Cost Railway, Bhubaneswar, Dist : Khurda issued letter on 30.10.2009 (Annexure-2) inviting written willingness from the Constables and Head-Constables, who have completed ten years’ service on the date of notification, to appear in the test to be considered for promotion to the post of A.S.I. Pursuant to the sai






















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