RAM SHIROMANI MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, petitioners. Ram Shiromani Mishra and Shariq Alvi who were serving as Deputy Superintendents of Police have challenged the action of the State Government in determining their seniority in the cadre of officers of Deputy Superintendent of Police serving in the State and also have prayed for consequential reliefs.

(2.) The facts of the case which are not much in dispute with regard to each petitioner are being mentioned hereunder. Petitioner No. 1, Ram Shiromani Mishra.--He was recruited and appointed as Sub-Inspector of Police on 1.1.1960. He completed the course of training of Reserved Inspector and thereafter was promoted to the post of Reserved Inspector on which post he was confirmed on 27.7.1972. He was given officiating promotion to the post of Deputy Superintendent of Police on 11.3.1974. His promotion to the post of Deputy Superintendent of Police from the post of permanent Inspector was considered by Public Service Commission and his name was recommended vide letter dated 14.2.1980 against the vacancy of 1973-74 at serial No. 20 in list 'B'. Thereafter, he was confirmed on the post of Deputy Superintendent of Police w.e.f. 1.7.1981. Petitioner No. 2, Shariq Alvi.--He was appointed as Sub-Inspector of Police on 29.11.1959 and was promoted to the post of Inspector on 25.11.1964. He was confirmed as Inspector and thereafter was given officiating promotion on the post of Deputy Superintendent of Police on 12.3.1974. His case was considered by Public Service Commission for promotion from the post of permanent Inspector to the post of Deputy Superintendent of Police and his name was recommended vide letter dated 14.2.1980 against the vacancy of the year 1974-75. His name was shown at serial No. 7 of list 'B'. Thereafter, he was confirmed on the post of Deputy Superintendent of Police w.e.f. 1.11.1983.

(3.) The seniority list of the officers serving as Deputy Superintendent of Police was prepared on 13.4.1989. in this list. name of petitioner No. 1 was shown at serial No, 33 among the officers appointed in the year 1982. Petitioner No. 2 was shown at serial No. 5 among the officers appointed in the year 1984. Aggrieved by the aforesaid determination of seniority, petitioner No. 2 filed a representation dated April 1. 1989. The grievance stated in this representation was that he has been given seniority from the year 1982 whereas direct recruits who were appointed in the year 1985 have been given seniority along with him. The contention was that the determination of seniority of the direct recruits right from 1982 along with the petitioners though appointed in 1985 is contrary to the direction given by Hon'ble Supreme Court in Ratio Randhir Singh's case and U. P. Service Rules, 1942 (hereinafter referred to as the Rules). His further contention was that as he was given substantive appointment w.e.f. 1.7.1981. his seniority should have been determined along with the year of recruitment of 1981. This representation was rejected by the State Government by the order 27.4.1989 (Annexure-IV to the writ petition) challenging which the present writ petition has been filed. it does not appear that petitioner No. 2 raised any grievance against his seniority list published, by making representation before the State Government.