VIJAYSINH ISHWARSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since a common issue arises in the present group of appeals, the same are heard together and are being decided by this common judgement. Letters Patent Appeal No.805 of 2023 is taken as a lead matter.

(2.) All the appellants are recruited directly on the post of Assistant Police Sub-Inspector (Unarmed) (hereinafter referred as "ASI" for the sake of brevity) by way of direct recruitment, which was conducted in the year 2016 and 2017. After clearing the recruitment process, they were appointed on a fixed pay for five years, as per the policy of the State Government.

(3.) It appears that thereafter, the respondent- Department initiated the process for promotion to the post of Police Sub-Inspector (Mode-III Unarmed) (hereinafter referred as "PSI" for the sake of brevity) as per the Notification dtd. 27/1/2020, which promulgates the Police Sub- Inspector (Unarmed), Class-III, (Departmental Examination) Rules, 2019 (hereinafter referred as "Rules of 2019" for the sake of brevity). It is the case of the appellants that they are fulfilling the eligibility norms for appearing in the Departmental Examination, as per the aforesaid Rules however, they are denied to appear in the Departmental Examination for promotion only for the reason that their appointment is not regular.