ASI OM PRAKASH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 12.07.2006 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.642/2005 whereby the petitioner's said O.A. was rejected. The only issue that arises for consideration in this case is with regard to the date from which the petitioner has to be accorded seniority in the post of Head Constable with the Delhi Police. He has been promoted as Head Constable w.e.f. 13.11.1987 whereas he claims that he should be promoted as Head Constable w.e.f. 11.04.1975.

(2.) THE facts of the case are that the petitioner was enlisted with the Delhi Police on 16.11.1965 as Constable. On 14.04.1967 there was a police agitation in which the petitioner allegedly participated as a result of which he was suspended on that date itself. On 18.04.1967 he was also arrested in FIR No.94/1967 registered at Police Station Kingsway Camp, Delhi. The said FIR was in connection with the same agitation. He remained under suspension till 12.06.1968 when his services were terminated. On 04.01.1971 the termination order was withdrawn and he was appointed afresh as a Constable with the Delhi Police w.e.f. 04.01.1971.

(3.) THE petitioner had appeared in the 'A (i)' test held in the year 1975 and his name was brought on the promotion list 'A (i)' w.e.f. 11.04.1975 by virtue of the order dated 14.04.1975. This test was held for considering the case of the petitioner for promotion to the post of Head Constable. It was a two-part test. The first part being the 'A (i)' test and the second part being the 'B (i)' test. As per the extant rules, if a Constable cleared both the tests he became eligible to be promoted to the post of Head Constable as per his seniority. In this case what happened was that the petitioner qualified the 'A (i)' test held in the year 1975 but he failed to qualify in the 'B (i)' test which was held on 20.04.1975. Another attempt was made by him on 24.08.1975. But, once again, he failed to clear the said 'B (i)' test. This is where the matter rested.