DHIRUBHAI R JOSHI Vs. COMMANDANT

JUDGEMENT

(1.) PURE and heartburning grievance made by the petitioner in this petition is to the effect that the petitioner is superseded in the matter of promotion by his junior one Shri Kavji Nathu Chaudhary to the post of Head Constable Gr. II. The petitioner has made prayer seeking direction to the respondents to promote him to the post of Head Constable Gr. II and further to direct the respondents to give deemed date promotion when his junior Shri Chaudhary was promoted and to pay him all consequential benefits with arrears of salary. This prayer is made in the background of following facts.

(2.) THE petitioner joined the Police Department in SRP Group 11 at Vav, District Surat on 13.4.1982. He was, thereafter, appointed as Police Constable in Band Section on 13.5.1987. Band Section has separate seniority and promotion to the next higher post is made according to the seniority in the Band Section. On 28.9.1992, seniority list of Constables in Band Section was published showing the position as on 1.1.1992. As per the said seniority, the petitioner was figured at serial No.7 whereas Shri Kavji Chaudhary, who superseded the petitioner, was shown at serial No.11. THE post of Head Constable Gr. II had fallen vacant, because of promotion of Shri P.S. Caurav to the post of Police Sub Inspector, because of promotion of Head Constable Shri B.D. Pawar Gr. II to the post of Head Constable Gr. I. THE person who is at serial No.3 Shri G.L. Chaudhary was already promoted to Gr.II Constable and the persons at serial Nos.4 to 6 were under suspension. THErefore, it was the turn of the petitioner in seniority to be promoted to the post of Head Constable Gr. II. However, ignoring the seniority of the petitioner, Shri Kavjibhai Chaudhary was promoted on the basis of the seniority. THE petitioner felt aggrieved by such action and made representation to the Additional Director General (Arms Unit) dated 11.11.1992 and thereafter, also made representation dated 4.9.1993 but though promised by the higher officer to do justice to the petitioner, nothing was done and therefore, the petitioner had to file Special Civil Application No.13174 of 1993 before this Court and this Court directed the respondents to undertake the exercise of fixing roster position as per the reply filed in that petition. It is the say of the petitioner that as per Rule 70(8) of the Gujarat Police Manual, criteria for promotion to the post of Head Constable, is seniority-cum-merit and unless a person is found positively unfit as per the seniority, such person is entitled to promotion. THE petitioner was, therefore, entitled to accordingly, promotion as there was no positive demerit against the petitioner. It is further the say of the petitioner that seniority of his junior was wrongly considered for promotion and there was no even question of giving benefit of roster because one Shri G.L. Chaudhary, who belongs to Scheduled Tribe community, was already given benefit of roster in the matter of promotion. Thus, there cannot be two promotions from one community even as per the roster system.

(3.) AT this stage, it is required to be noted that pursuant to order dated 11.3.1996, no decision was taken nor even the reply speaks about the decision to find out, as to whether roster was rightly applied or not. In fact, even till the promotion in 1992 to Shri Chaudhary, the case of the petitioner was not considered though the petitioner had already become due for promotion.