D.G. CHANDRE GOWDA Vs. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE AND THE SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS writ petition is though listed for preliminary hearing, after notice, with consent of counsel, we have heard for disposal. Writ petitioner who had joined the Police Department in CCRB, Bangalore on 19.12.1983 as 'Police Constable' is aggrieved that even after putting in service of more than 25 to 30 years, he has not been given any promotion; that to provide succor to such persons who have stagnated in the same post for long years, the Government as per policy, decided to give promotion for all those persons who had put in more than 18 years of service and known as up gradation posts to the post of 'Head Constable' on certain conditions as per Government Order dated 5.4.2010 and in spite of it, in as many as 969 Civil Police and 2,396 Reserve Police Constables having been upgraded as Head Constables, still the petitioner is not considered and appointed for such post though petitioner has more than twenty years of service and therefore had approached the Tribunal praying for issue of suitable directions to the respondents by filing application No. 6745/2010.

(2.) APPLICATION was resisted before the Tribunal and it was pointed out that the writ petitioner had no doubt joined the services in the year 1983, but in the year 1997 he had made a request for voluntary transfer to Hassan Division undertaking to forego all the seniority till then and take bottom seniority in Hassan Division and therefore he has not put in requisite number of years of service when counted from this day of his transfer to Hassan Division; that Rule -6 of the Karnataka Government Servants' [Seniority] Rules, 1957 [for short 'the Rules'] governs the situation of promotion whether by up gradation or regular promotion and the qualifying number of years of service is twelve years as per the rule and therefore the petitioner was not eligible for consideration either in regular promotion or in the up gradation scheme as per Government Order dated 5.4.2010.

(3.) THE Tribunal accepted the reasoning of the respondent -State and dismissed the application as per its order dated 30.01.2012, did not set aside the endorsement issued to the petitioner that his case cannot be considered for want of sufficient number of years of experience and qualifying service as Constable.