Gender discrimination in promotion denies equal opportunity and violates constitutional rights, necessitating a fair evaluation and common seniority list for Police Constables.

ORDER

HON'BLE Mrs.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

This is a very unusual instance of an allegation of gender discrimination under Article 14 in a bureaucratic setup. Briefly speaking the facts are as follows – the applicants had been appointed as Police Constables in the year 1994 in existing vacancies in the Department of Police under Union Territory of Lakshadweep as per Annexure A-1. These appointments were under the Lakshadweep Police (Group C posts) – Women Police Constable Recruitment Rules, 1988 dated 25.01.1988, a copy of which is produced as Annexure MA R15. Presently the applicants are serving as Police Constables. They are aggrieved by non consideration of their names for promotion in service as Head Constables as a result of discrimination on the ground of gender. Several junior Police Constables, who are males, such as respondents 4 to 18 had been promoted as per Annexure A-5 proceedings. The applicants have been denied promotion opportunity only on the ground of sex which is unfair, illegal and discriminatory. They have been serving the department since 1994 without any promotion and are entitled to be promoted at least with effect from 18.04.2017 with all benefits in accordance with law.

2. Besides the applicants, 3 other females were also appointed as Police Constables in the existing vacancies as per another simultaneous proceedings on the same date. Accordingly by order dated 14.06.1994 the 3 other females as well as the applicants were jointly directed to undergo basic training for nine months with Delhi Police, the same is produced as Annexure A-2. Subsequent to the appointment of the applicants several Police Constables (Males) were appointed on 03.10.2003 by the 1^st respondent.

3. While so, 13 Police Constables who are males, who are senior to the applicants, were promoted to the rank of Head Constables on regular basis as per proceedings dated 04.07.2013 as per recommendation of the Departmental Promotion Committee (DPC), a copy of which is produced as Annexure A-3. On the same day, 7 Police Constables who were females, including the 3 non applicants were also promoted to the rank of Head Constables on adhoc basis as per proceedings dated 04.07.2013 as per recommendation of the DPC, a copy of which is produced as Annexure A-4. Their promotion was directed to be regularized after completion of promotion training course. This was to the common pool of Police Constables consisting of both males and females. However, the applicants were not considered for promotion illegally at that point of time even though they ought to have been promoted at that point of time itself. Subsequently, vacancies arose by the retirement/promotion of Head Constables of both genders and though there were vacancies of Head Constables, the claim of the applicants for promotion as Head Constables were not considered due to discrimination and other extraneous considerations. On the other hand, several junior Police Constables, who are males, such as respondents 4 to 18 has been promoted as per proceedings dated 18.04.2017. The respondents 4 to 18 it is understood were appointed only much after the appointment of the applicants in the year 2003, a copy of the promotion order is produced as Annexure A-5. Therefore, it is submitted that it is a violation of Articles 14 and 15 of the Constitution and statutory provisions also as the applicants are illegally discriminated. The applicants are entitled to be promoted at least with effect from 18.04.2017.

4. It is submitted that there is no justification to deny promotion to the applicants. Earlier, Police Constables who were females w