MANPAL SHARMA Vs. STATE OF UTTARAKHAND; DIRECTOR GENERAL OF POLICE; ADDITIONAL DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought writ in the nature of mandamus directing the respondents to give promotion to the petitioner w.e.f. the year 2005 along with consequential monitory benefits. A further mandamus has also been sought directing the respondents to include the name of the petitioner in the list of eligible candidates for the post of Inspector (Ministerial)/Office Superintendent for the departmental promotion, and the decision be taken to promote the petitioner in the light of the Government Order dated 30.06.1993.

(2.) Heard learned counsel for the parties.

(3.) In the counter affidavit filed on behalf of respondents, it has been stated that the petitioner "™s service record contains adverse entries against him. It is stated that the integrity of the petitioner was withheld in the year 1999 and also in the year 2001. It is stated that in terms of G.O. No. 761/Karmik -1/1993, dated 30.06.1993, the petitioner "™s service record was not satisfactory, and earlier he was not found fit for promotion. It is also stated in the counter affidavit that in the year 2008, the petitioner has now already been promoted as Inspector (Ministerial). It is further stated in the counter affidavit that final allocation of the employees was made by Government of India, vide its order No. 27/30/2004-S.R. (S), dated 09.11.2004, and there were many employees who were to be relieved by the respective States. It is also stated that two employees- Sub-Inspector (M) Narendra Singh and Sub Inspector (M) Shiv Prasad Nautiyal, were already serving in State of Uttarakhand and only after their superannuation, the case of the petitioner for promotion could be considered.