RATANBHAI VILIYABHAI KUVAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was appointed in the Police Department as a Constable on 1.7.1964. The petitioner claims that in the year 1978 he was promoted to the higher post of Head Constable Grade-II and he joined at Task Force, Bulsar on 17.2.78 in pursuance of the order dated 15.2.98. After a period of 2 months, he was posted at CID Crime Ahmedabad and by a order dated 12.12.78, he was transferred from Ahmedabad to Bulsar district w.e.f. 1.4.79. The petitioner was then posted at Anklas post in Vansda Taluka, District Bulsar where he worked upto 1980. He was then transferred to Jalalpur-Navsari in 1983 on the same post and from 1982 to April 1986, he was posted at Vaghai Police Station, Disrict Valsad where he worked as a writer i.e. post equivalent to Head Constable Grade-II in 1986. The petitioner was transferred to CID Intelligence vide order dated 20.3.86. On 22.1.87 the petitioner was promoted as Head Constable Grade-I w.e.f. 21.1.87 at the same place.

(2.) It is submitted that by an order dated 9..8.91, the Director General of Police, Sate of Gujarat had sanctioned 175 posts of Intelligence Officers to be filled from amongst Head Constables of the CID Intelligence. It is the case of the petitioner that the petitioner was promoted on ad-hoc basis as Intelligence Officer for a period of 3 years. In the order his name appears at Sr.No.6. An order was then passed on 24.9.91, that the petitioner be considered as Intelligence Officer w.e.f. 10.9.91 and Intelligence Officer's pay scale was to remain Rs.1640-2900. The petitioner was then transferred by an order dated 27.9.91 and was given a posting at his native place at Ahwa, District Valsad.

(3.) The petitioner complains that an order was then passed on 20.8.1992 and on that basis an order was issued on 2.9.92 by the respondent no.2 i.e. Police Inspector, CID, Intelligence Branch, Ahwa, Camp Valsad reverting the petitioner back to the post of Head Constable Grade I. It is this order dated 2.9.92 which has been challenged by the petitioner through this Special Civil Application.