LAWS(SC)-2015-5-21

HC PRADEEP KUMAR RAI Vs. DINESH KUMAR PANDEY

Decided On May 11, 2015
Hc Pradeep Kumar Rai Appellant
V/S
Dinesh Kumar Pandey Respondents

JUDGEMENT

(1.) Leave granted in the special leave petitions. I.A. No.52 of 2015 is allowed.

(2.) This batch of appeals raises a common controversy relating to the promotion of Constables and Head Constables to the rank of Sub-Inspectors in the State of Uttar Pradesh. The process of promotion started way back in 1999 and has since embroiled in litigation. Basically, the candidates appearing for promotion from the rank of Constable or Head Constable to the rank of Sub-Inspector have challenged the selection and promotion process at various stages of the promotion process.

(3.) The facts necessary for disposal of this case are that the Government of Uttar Pradesh took a decision on 23.01.1999 for recruitment of departmental candidates to the posts of Sub-inspectors in the State, both by direct recruitment and by promotion of Constables and head Constables. In continuation of the order dated 23.01.1999, another Government Order was issued on 3.02.1999, according to which all the vacancies of Sub-inspectors till 31.12.1999 were to be filled up. On 27.02.1999, the Government of Uttar Pradesh issued another Order which superseded the earlier Order dated 23.01.1999. The 27.02.1999 order provided a complete pattern of the examination and process of selection and promotion. As per the new pattern the promotion process was to be conducted in three steps: