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2006 Supreme(UK) 134
2006 (1) U.D., 425
High Court of uttaranchal
Hon'ble Rajesh Tandon, J.
Thakur Singh Adhlkari and others…..Petitioners
Vs.
State of Utttaranchal and others…..Respondents
Writ Petition No. 1615 of 2004 (5/5)
Decided on : 31-03-2006.
Sri P.S. Adhikarl, Senior Advocate, assisted by Sri for the petitioners.
Learned Standing Counsel for the respondents.
The court emphasized the importance of adhering to the criteria for promotion as per the relevant rules and directed the respondents to consider the petitioners for promotion based on their seniority.
Headnote:
Mandamus - Promotion Dispute - Uttaranchal Government Servants (Criterion for Recruitment by Promotion) Rules, 2004 - Rule 4
Fact of the Case:
The petitioners sought a writ of mandamus to direct the respondents to consider and promote them to the post of Inspectors in the Police department, citing their seniority and the alleged disregard of seniority in the promotion process.
Finding of the Court:
The court found that the promotion process did not adhere to the criteria for promotion as per the Uttaranchal Government Servants (Criterion for Recruitment by Promotion) Rules, 2004, and directed the respondents to consider the petitioners for promotion based on their seniority.
Issues: Disregard of seniority in promotion process, applicability of promotion rules, and the petitioners' eligibility for promotion.
Ratio Decidendi: The court held that the promotion process did not align with the criteria for promotion as per the Uttaranchal Government Servants (Criterion for Recruitment by Promotion) Rules, 2004, and directed the respondents to consider the petitioners for promotion based on their seniority.
Final Decision: A writ of mandamus was issued, directing the respondents to consider the petitioners for promotion to the rank of Inspector within a month after obtaining the certified copy of the order, and if found eligible, to promote them on the date when juniors were promoted.
1. Heard Sri P.S. Adhikari, Senior Advocate assisted by Sri B.S. Adhikari, Advocate counsel for the petitioners and Standing counsel for the respondents.
2. By the present writ petition, the petitioners have prayed for a writ of mandamus directing the respondents to consider and promote the petitioners to the post of Inspectors with effect from the date of promotion of their juniors by following the Rules of 2004.
3. According to the petitioners, they are serving in the Police department as Sub Inspectors from about 20 to 25 years and they have no adverse entry in their character roll. They were also rewarded for their efficient works. Ministry of Home Affairs, Government of Uttaranchal issued a notification on 23'" September 2004 for promotion of Sub Inspectors to the vacant posts of Inspectors in Uttaranchal Police. In continuation of the process prescribed in the above notification, dates were fixed for interview of the candidates whose list was prepared by the department on the basis of seniority. The petitioners stood in the seniority list at serial no. 20, 21,43,84 and 98 respectively. Thereafter vide order dated 12-12-2004 of Additional Director General of Police, Uttaranchal, a list of promoted candidates was published. The petitioners have submitted that in the list of promoted candidates, the persons who were junior to the petitioners have found place and the seniority of the petitioners have completely been ignored. The petitioners have submitted that the petitioner no. 1 made a representation to the respondents on 13-12-2004 but no heed was paid to the representation of the petitioners.
4. Counter affidavit has been filed by the respondents. The respondents have submitted that seniority list was prepared on the basis of merit and in pursuance of the said notification the result of promotion was declared on the basis of merit. According to the respondents in the Police Department Police Regulation 1861 is applicable In the case of direct recruitment and promotion. In exercise of the powers given under Police regulation, the Government Issued notification dated 23-09-2004, and promotions of the Sub Inspectors to the post of Inspectors were made in accordance with the said notification. The respondents have asserted that notification No. 743/XXX(2)/2004/55(40)/2004 dated 15-06-2004 is not applicable to the Police Department of Uttaranchal.
5. The main allegation of the petitioners is that during promotion process of Sub Inspectors to the posts of Inspectors, such standards have been adopted by the respondents due to which seniority of the petitioners have been compietely ignored and the Departmental Selection Committee made for the promotion was successful in selecting candidates of its own choice for promotion.
6. On behalf of the petitioners much stress has been drawn on the applicability of the Uttaranchai Government Servants (Criterion for Recruitment by Promotion) Rules, 2004. The respondents have denied in their counter affidavit that such Rules are applicable to the Police Department of Uttaranchal. Sub Clause (3) of Rule 1 of the said Rules reads as under:
(J) They shall apply to recruitment by promotion to a post or service for which no consultation with the Public Service Commission is required on the principles to be followed in making promotions under the Uttaranchal Public Service Commission (Limitation of Functions) Regulations, 200J as amended from time to time.
7. Rule 4 of the said Rules provided as under:
4. Criterion for Recruitment by promotion - Recruitment by promotion to the post of Head of Department, to a post just one rank below the Head of Department and to a post in any service carrying the pay scale the maximum of which is Rs. 18,JOO or above shall be made on the basis of merit and to the rest of the posts in all services to be filled by promotion, including a post where promotion is made from a Non-Gazetted post to a Gazetted post or from one service to another service, shal
