R D KEWALRAMANI Vs. STATE OF U P

JUDGEMENT

(1.) Pursuant to the order dated Oct. 8, 1982, we hereby record the reasons.

(2.) R.D. Kewalramani, the petitioner, was appointed to the Indian Police Service in Jan. 1950. He was allotted to U.P. Cadre. After having worked in various capacities, the petitioner was transferred on April 21, 1982, to the post of Inspector General of Police (Training). He was confirmed as Inspector General of Police with effect from Jan. 1, 1982.

(3.) On July 24, 1982, the State of U. P. appointed S. C. Dixit, Respondent 5, as the Director General cum Inspector General of Police, Uttar Pradesh, which was subsequently duly notified in the Gazette. Feeling that the State of U. P. committed injustice to the petitioner by not appointing him on the said post, the petitioner filed the present writ. He alleged that the appointment on the post of Director General cum Inspector General of Police being on merit with due regard to seniority under Rule 3 (2A) of the Indian Police Service (Pay) Rules, 1954, the petitioner being senior to Respondent 5 and more meritorious than him, he was entitled to be promoted to the said post. In that regard, the petitioner pleaded that Respondent 5 S. C. Dixit had been confirmed as Additional Inspector General of Police and was only officiating as Inspector General of Police and, therefore, Respondent 5 could not be considered for promotion. In the field of eligibility, the petitioner claimed that he was the person entitled to be considered.