LAWS(ALL)-2004-3-58

NARENDRA KUMAR SHUKLA Vs. UNION OF INDIA

Decided On March 12, 2004
NARENDRA KUMAR SHUKLA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) DILIP Gupta, J. This Special Appeal has been filed against the judgment and order dated 10 8. 2001 of the learned Judge dismissing the petition, which had been filed with the principal relief that respondent No. 3, namely, the Chief Security Commissioner, Railway Protection Force, Baroda House, New Delhi may be directed to declare the entire result of the selection held for the post of Head Constables as notified by the Notification dated 12-8-1998.

(2.) WE have heard the learned counsel for the petitioner appellants and the learned counsel appearing for the respondents.

(3.) IN October, 1997 a panel of 506 candidates was formed for promotion to the rank of Naik from amongst the eligible candidates under Rule 70 of the Rules. Under Rule 64 it has been provided that enrolled members for promotion to the rank of Naik shall undergo a special course at any training INstitution of the Force. This training was to commence from 20-2-1998 but before the training could start, the post of Naik was abolished and redesignated as Head Constable w. e. f. 4-12-1997 by the Ministry of Railways. On account of the abolition of the post of Naik, a decision was taken by the Director General, Railway Protection Force, Railway Board that the candidates empanelled under Rule 70 of the Rules for promotion as Naik and waiting for the pre-promotional course training under Rule 64 of the Rules should not be sent for this training. It was also decided that the 506 vacancies to the post of Naik, which had, since been abolished, should be added to the existing 225 vacancies of Head Constables. The vacancies of Head Constables thus stood increased to 731 and for filling up 731 posts of Head Constables on promotional basis, a notification dated 12-8-1998 was issued for holding the selection of the Head Constables both under Rules 70 and 72 of the Rules.