PREM KUMAR UPADHYAYA Vs. STATE OF U P

JUDGEMENT

(1.) IN both these matters, the question of law involved is common. Though both were heard on different dates and judgments reserved, but since the issue involved is common, therefore, I am deciding both the writ petitions by this common judgment.

(2.) THE issue of "Out of Turn" promotion in U.P. Civil Force in the light of Government Orders dated 3.2.1994, 2.1.1998 and the Director General of Police, U.P., Lucknow (hereinafter referred to as "DGP")'s Circular dated 29.12.1998 is involved in both the writ petitions.

(3.) PETITIONER , Prem Kumar Upadhyaya, in the First Petition, is Constable in U.P. Police Force (Civil Police) having been appointed on 15.2.1988. While he was posted at Mathura, Senior Superintendent of Police, Mathura vide letter dated 12.12.2003, recommended him for "Out of Turn" promotion on the basis of his outstanding performance in service as also his achievements and performance in the sports and athletics. In 2002, during the course of service, petitioner was rewarded with honour of certificate of appreciation. The Deputy Inspector General of Police, Agra Range, Agra accepting the aforesaid recommendation forwarded above proposal vide letter dated 3.3.2004 which was further forwarded by Additional Director General/Inspector General of Police, Kanpur Zone, Kanpur by letter dated 12.3.2004. All the authorities were clearly of the view that petitioner has satisfied all the requirements for being given "Out of Turn" promotion as per Government Order dated 2.1.1998 and Circular dated 29.12.1998. The matter remained pending for consideration before State Government, hence reminders/letters were also sent by Field Officers on 4.9.2006, 1.10.2006 and 4.10.2006. Petitioner, in First Petition then came to this Court in Writ Petition No. 33409 of 2008 which was disposed of finally on 15.7.2008 directing the State Government to take a final decision in the matter within a period of six weeks. It is pursuant thereto, petitioner's matter was examined by the Committee constituted for considering cases of "Out of Turn" promotion. The Committee did not find favour with petitioner's claim for "Out of Turn" promotion. Agreeing to the recommendation of said Committee, DGP also did not find petitioner entitled for "Out of Turn" promotion and passed order accordingly on 13.12.2009. Hence, the First Petition, challenging the aforesaid decision of departmental committee for "Out of Turn" promotion and the consequential decision taken by DGP. To put things straight, some more facts be stated in regard to First Petition. The recommendation of Senior Superintendent of Police, Mathura for "Out of Turn" promotion to petitioner was considered by departmental committee. It rejected the said proposal in its meeting dated 22.11.2007. It is this decision which was communicated to petitioner by order dated 15.9.2008 which he challenged in Writ Petition No. 66053 of 2008 which was allowed on 7.8.2009 and the order dated 15.9.2008 was quashed. Respondents were directed to re -consider the matter strictly in accordance with Government Orders dated 3.2.1994 and 2.1.1998. Again the DGP reiterated decision by means of impugned order dated 13.12.2009. Hence, the First Petition.