KAILASH WATI BAJAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Lady Head-Constables Kailash Wati Bajaj, Narinder Kaur, Krishna Kumari and Sumitra Devi belong to the Delhi Police Force. Out of them Shrimati Kailash Wati Bajaj was the senior-most but her name was not included in promotion list "D" approved by the Deputy Inspector General of Police (Administration), Delhi, on June 4, 1971. The list was prepared in accordance with Standing Order No. 238, issued on February 12, 1971 by the Inspector General of Police, and by it names of Shrimatis Narinder Kaur, Krishna Kumari and Sumitra Devi were included with effect from June 2, 1971. Feeling aggrieved by the non-inclusion of her name in promotion list "D" she filed this writ petition, on August 2,1971, for getting quashed the Standing Order and the order of the Deputy Inspector General of Police (Administration) dated June 4,1971.

(2.) The writ petition was placed for hearing before one of us. As the matter involved was of some general importance it was referred to a larger Bench. That is how the case came to be heard by us.

(3.) The petitioner was enlisted as Lady Constable on September 15, 1952. She was promoted as Head-Constable in an officiating capacity from December 3, 1958 and was confirmed in that rank from November 16, 1962. Her confirmation as Head-Constable from the said date, however, did not come through in the normal routine. Shrimati Krishna Kumari (respondent No. 5), though junior to her, was at first confirmed by the authorities with effect from November 16, 1962. She made a representation on which the Delhi Administration issued directions to the Inspector General of Police for confirming her with effect from an appropriate date according to her seniority. Thereon by an order dated November 30, 1964 the confirmation of Shrimati Krishna Kumari as Head-Constable with effect from November 16, 1962 was cancelled and the petitioner was confirmed as Head-Constable from that date. Shrimati Krishna Kumari was, however, confirmed along with Shrimatis Narinder Kaur and Sumitra Devi and two other officiating Lady Head-Constables from October 1, 1964. Undisputedly, therefore, the petitioner became the senior most confirmed Lady Head-Constable.