VINAY KUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The petitioner challenges the order dated 30th April, 2009 passed in OA No.1170 of 2008 titled Shri Vinay Kumar v. Commissioner of Police and Others dismissing his petition seeking seniority over respondents No.2, 3 and 4.

(2.) The petitioner had joined Delhi Police as Constable on 25th April, 1981. At the time the petitioner was appointed as Constable, 13 persons had been appointed by common proceedings and the petitioner was ranked at No.7 and respondents No.2 to 6 were ranked as junior to WP (C) 10298 of 2009 Page 1 of 5 him. However, the respondent No.4, Mr. Cyperian Bara, had not been selected along with the petitioner as he was enlisted on 4th May, 1974 earlier to petitioner and was confirmed on 13th August, 1978. The petitioner had filed original application being OA No.263 of 2008 titled Vinay Kumar v. Commissioner of Police, Delhi, contending inter alia that his junior Constable, Cyperian Bara, had been promoted as Head Constable with effect from 16th October, 2006 whereas he should have been promoted as Head Constable. The petitioner's date of birth is 1st November, 1969 and he was enlisted on 25th April, 1989 and confirmed on 25th October, 1991 whereas Cyperian Bara's date of birth is 18th October, 1954 and he was enlisted on 4th May, 1974 and he was confirmed on 13th August, 1978 and was absorbed as Constable Dog Handler on 11th August, 1989. The said original application was disposed of by order dated 4th August, 2008 directing the respondent No.1 to consider the representation filed by the petitioner. Pursuant to the order of the Tribunal dated 4th February, 2008, the respondent No.1 passed the order dated 11th April, 2008 rejecting the representation of the petitioner.

(3.) Aggrieved by the said order dated 11th August, 2008 of respondent No.1, the petitioner filed another original application being OA No.1170 of 2008, which has also been dismissed by order dated 30th WP (C) 10298 of 2009 Page 2 of 5 April, 2009 against which the present writ petition has been filed by the petitioner.