Jiya Lal Bhardwaj, Judge

(Oral)

1 For the petitioners: Mr. Ajay Sharma, Senior Advocate with Mr. Atharv Sharma, Advocate. For the respondents: Mr. Amandeep Sharma, Additional Advocate General. By way of the present petition, the petitioners have prayed for the following substantive reliefs:-

“a) That impugned act of the respondents above stated, which amounts to executive inaction, may very kindly be quashed and set aside and further respondents may very kindly be directed and commanded to look into the matter and get the requisite courses done from the persons in the category of Armourers in time henceforth and for the persons, who are waiting for the same since long, may very kindly be ordered to be treated specially by getting the courses done immediately and then said persons may kindly be promoted to further posts with all¹Whether reporters of Local Papers may be allowed to see the judgment? consequential bene

b) That promotions as made to the non-existent posts in the category of petitioners may very kindly be ordered to be made immediately to the posts which are existing, as per Standing Orders at least from the date the same were made to the non-existent posts with all consequential benefits of pay, seniority etc. etc.;”

2. The precise grouse of the petitioners in the present petition is that since there is no post of Assistant Sub Inspector, as evident from perusal of Annexure P/2, the respondents ought to have pruomoted the petitioners to the post of Sub Inspector, since both of them were having 5 years’ service as Head Constable.

3. The respondents filed reply to the petition and admitted that no post of A.S.I. has been sanctioned. However, as per the Rules or Standing Orders, under which the petitioners are governed, do not provide for promotion on the rank of Head Constable to Sub Inspector. It has been provided in the Standing Order that Head Constables shall be promoted to the rank of A.S.I. and not directly to the rank of the Sub Inspectors notwithstanding the fact that there is no post of A.S.I. (Armourer). As per the Standing Order issued on 21.05.2004, the following provision has been prescribed, which reads as under:-

“Head Constables (Armourer) with a minimum of 5 years of service who have passed Armourer course Grade-II as prescribed for CPMF/EME will be considered eligible for promotion to the rank of Assistant Sub Inspector (Armourer).”

4. As per the aforesaid provision, Head Constable (Armourer) with ua minimum of 5 years’ service, who have passed Armourer Course Grade-II prescribed for CPMF/EME, will be considered eligible for promotion to the rank of Assistant Sub Inspector (Armourer).

5. In the case of the petitioners, both of them have not passed Armourer Course Grade-II, which is mandatory as per Standing Order for promotion to the Rank of A.S.I. (Armourer). Further as per the Standing Order of promotion to the rank of Sub Inspector (Armourer), Grade-I Course has to be passed, but both the petitioners have not passed even Grade-II Course and were promoted to the rank of A.S.I., by relaxing the provisions of passing Armourer Course Grade-II. In view of the rank hierarchy and provision in the Standing Order, a Head Constable is not promoted directly to the rank of Sub Inspector and thus the respondents prayed for rejection of the petition.

6. I have heard Mr. Ajay Sharma, learned Senior Counsel, duly assisted by Mr. Atharv Sharma, learned counsel for the petitioners as well as Mr. Amandeep Sharma, learned Additional Advocaute General, for the respondents-State and also gone through the record carefully.

7. No doubt, there is no post of Assistant Sub Inspector as per Annexure P/2, which fact has not been disputed by the respondents while filing reply to the petition. However, it is also admitted that before making promotion to the post of Assistant Sub Inspector, Head Constable (Armourer) with a minimum of 5 years’ of service, who has passed Armo