JUDGEMENT

1] Heard finally, with the consent of the learned counsel for the parties.

2] This order shall govern the disposal of both the writ appeals as the same have arisen out of the common order dated 07.03.2022. For the sake of convenience, the facts are being taken from W.A. No.638 of 2022. 3] This writ appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 has been filed by the appellant (s) against common order dated 07.03.2022 (Annexure A/1), passed by the learned Single Judge of this Court in Writ Petition No.10350/2021, and four other writ petitions, wherein the order dated 24.03.2021 was challenged by the appellant / writ petitioner (s) whereby, the police personnel (direct recruitees) from the cadre of Constable, Head Constable and Sub Inspector of Police have been given the officiating charge of the next promotional post i.e., Head Constable, Sub Inspector and Inspector of Police respectively to the exclusion of the petitioner who is from the promotional cadre.

4] In the writ petition the following reliefs have been sought by the petitioner:-

―(i) To call the relevant record of the case from the Respondents.

(ii) That by way of writ of Mandamus or appropriate writ order or direction appropriate directions may kindly be issued to the respondent no.2 and 3 to recast the seniority list after suitably fixing the seniority of the petitioner.

(iii) That by way of writ of Mandamus or appropriate writ order or direction appropriate directions may kindly be issued to the respondent no.2 and 3 to place, promote and give officiating charge to the petitioner on the post of Inspector as granted to his immediate junior Respondent No.4 (Direct Recruitee of 2012 who got his confirmation only after 2014).

(iv) Any other relief, which the Hon‘ble Court deems fit in the facts and circumstances of the case, be granted to the Petitioner.‖ 5] So far as the impugned order dated 07.03.2022 is concerned, without issuing notices to the respondents, the learned Judge of the writ court has dismissed the writ petition by the following manner: -

―Appreciation and conclusion… The petitioners and others similarly placed Head Constables were promoted to the post of Sub-Inspector on 04.06.2013, hence, accordingly they are liable to be placed in the seniority list of sub- inspector from 04.06.2013 and for which there is no dispute by the petitioner. So far sub- inspectors who were directly recruited to the post of sub- inspector by way order dated 02.04.2012 and accordingly, they were placed in the seniority above the petitioner. The petitioner contends that after completion of two years probation period, their services are liable to be counted from the date of completion of probation i.e. 02.04.2014 for the purpose of seniority. It is further submitted that there is no such corresponding provision either in Police Regulations as well as Madhya Pradesh Police Executive (Non-Gazetted) Service Recruitment Rules, 1997 for grant of seniority from the date of selection after completion of probation. The aforesaid contention is not liable to be accepted for the simple reason that the seniority is always liable to be counted from the date of selection. After completion of probation direct recruited employee is liable to be confirmed but his seniority is liable to be counted from the date of initial appointment i.e. initial date of selection, therefore, in the gradation list direct recruited sub-inspector has rightly been placed from the date of selection which is prior to the date of promotion to the petitioner.

Learned counsel for the petitioner submits that sub- inspector after promotion becomes eligible for promotion to the post Inspector after completion of four/ five years and direct recruited Sub-Inspectors after completion of six years, therefore, this petitioner has become eligible earlier than the directly recruited sub-inspectors. It is not disputed that petitioners, as