SUSHIL KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) This Civil Appeal arises out of the final judgment and order dated 29.07.2015 of the High Court of Punjab and Haryana at Chandigarh passed in LPA No. 1910 of 2011.

(3.) The Appellant was appointed as a Constable in the year 1995. It is his case that he was positioned as a Head Constable under the extent ORP Policy on 21.08.2001. Due to his acts of bravery his name was recommended by the Superintendent of Police (hereinafter 'the SP ') for promotion under the 10% quota of outstanding performance for inclusion in the B-I List for promotion to the post of Head Constable in the year 21.01.2004. However, the Appellant 's name was dropped down by the Inspector General of Police (hereinafter the 'IG '), when only 7 out of the 9 names were forwarded to the Central Departmental Promotion Committee (hereinafter the 'CDPC '). Three years thereafter, i.e., in 2007 his name was again forwarded by the SP and this time it was passed by the IG, by virtue of which he was granted promotion and was made the Officiating Head Constable from 26.10.2008. It is his grievance that he should have been promoted in the year 2004 itself and that the delay in appointing him in 2008 is illegal and arbitrary. He filed a writ petition in 2011 seeking retrospective promotion with effect from 21.01.2004. The Single Judge dismissed the petition on the ground that selection is not a matter of right. Writ appeal was also dismissed by the Division Bench by the order impugned herein.