STATE OF GUJARAT ORS Vs. JETHALAL KACHARABHAI PATEL

JUDGEMENT

(1.) THIS Appeal under Section 100 of the Code of Civil Procedure is filed by the State and the Director General of Police of the State against the judgment and decree dated 10.6.1991 passed by Joint District Judge, Surendranagar whereby the learned Appellate Judge confirmed the judgment and decree passed by learned Trial Judge and dismissed the appeal of the present appellants. Respondent No.1 - Original plaintiff had filed Regular Civil Suit No.339 of 1985 praying for declaration that he was entitled to get promotion as Police Inspector earlier to his junior Shri B.D.Patel, who was promoted in the year 1974 and for re -fixation of the seniority of the Police Inspectors as on 1.1.1982 as well as for declaration that promotion orders dated 21.2.1987 and 11.8.1987 giving further promotion to his juniors superseding his seniority were illegal and void.

(2.) THE case of the plaintiff in his plaint was that he was appointed as Police Sub Inspector on 1.7.1963 and after passing the training successfully, he was posted on probation as Police Sub Inspector on 1.1.1965 and after successfully clearing the probation period, he was given independent charge of Police Sub Inspector. It is further case of the plaintiff that in the month of November 1976, he was promoted as Police Inspector and was actually functioning as Police Inspector in the police department of the State of Gujarat. As further stated, seniority list of Police Sub Inspectors showing the position as on 31.7.1980 was published showing his name at Srl. No.174 and his junior Shri Bhikhabhai D. Patel - respondent No.9 herein at serial No.177. He was given promotion as Police Inspector in the year 1974, i.e. prior to promotion of the plaintiff. The plaintiff has further averred that though his performance was good, still adverse remarks were entered in his C.R. and such adverse remarks were communicated to him after long delay and subsequently, such adverse remarks were expunged, however, his case was not considered for promotion and his junior was promoted. It is further case of the plaintiff that thereafter, seniority list of Police Inspectors was published showing the position as on 1.1.1982. The plaintiff came to know that junior Shri B.D.Patel was shown at serial No.248, whereas his name appeared at serial No.367. He, therefore, filed suit for the above -said declaration and for consequential relief of giving deemed date promotion with effect from the date his juniors were promoted.

(3.) THE suit of the plaintiff was resisted by the respondents and it was contended that the promotion of the plaintiff as also other Police Inspectors was considered on the basis of their overall performance and ultimately, select list was prepared for the purpose of giving promotion and such promotion could not be said to be an automatic on completion of certain length of service. It was contended that as per notification of the Government dated 10.1.1964, promotions were to be on the basis of the seniority -cum - merits and considering the relevant materials in respect of the plaintiff, at the relevant time, the plaintiff was not found fit for promotion and since Shri B.D.Patel, immediate junior of the plaintiff, was found fit for promotion, he was given promotion. It was also stated in the written statement that the suit of the plaintiff was not maintainable before the Civil Court and it was also barred by delay and laches.