KARMURAM NETAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was appointed on the post of Constable on 4/8/1981. He was promoted on the post of Head Constable on 2/1/1999, after having successfully passed the Police Basic Training P.T.S., Raipur Mana (C.G.), in the year 1986. He was granted permission to appear in the Departmental Examination on 30/7/2002 and he appeared in the said examination and declared successful but he was not promoted on the post of Assistant Sub Inspector on the ground that he has not completed three years of service on 1/1/2002 on the post of Head Constable.

(2.) Feeling aggrieved against his non promotion on the post of Assistant Sub Inspector, the petitioner has filed instant writ petition under Article 226/227 of the Constitution of India stating that as he has completed three years of service on the post of Head Constable on 1/1/2002, he is entitled to be promoted to the post of Assistant Sub Inspector.

(3.) Return has been filed by the State stating inter alia that since the petitioner did not complete three years of service on the post of Head Constable on 1/1/2002 as per Standard Operating Procedure (SOP) No. 24/2002 dtd. 13/3/2002, he is not eligible to be promoted for the post of Assistant Sub Inspector and, therefore, he has rightly not been promoted to the post of Assistant Sub Inspector.