SHANTI SWAROOP Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present petition under Article 226 of the Constitution of India, petitioners pray for a writ, order or direction in the nature of mandamus commanding the respondent Nos. 2 to 4 to make promotion from the rank of Constable Armourer to the Head Constable Armourer. U. P. Police on the basis of seniority and after examining the service record of the candidates. Prayer for quashing the selection of the candidates from amongst the constable armourer for promotion to the rank of head constable armourer on the basis of written test, practical examination and interview has also been made.

(2.) THE facts of the case in brief are that the petitioners were recruited as constable in U. P. Police before 1984. THEreafter, they were sent for Armourer Training Centre, Sitapur. THE petitioners also took training of Electrical and Mechanical Engineering at Bhopal. After completion of the aforesaid trainings, the petitioners were awarded certificate of proficiency. It is stated that the petitioners were legally entitled to be promoted to the post of head constable armourer ; but the respondents without following the procedures prescribed under Paragraph 393 of the Police Office Manual started holding written test, practical examination and interview, and are not making the promotion after following the procedure prescribed under the aforesaid Paragraph No. 393. A reference in this regard has also been made of the selection of the candidates on 4.3.1987. THE petitioners have already made representations for ventilation of their grievances to the Police Head Quarter, U. P. at Allahabad and requested for their promotion to the post of head constable armourer, but of no avail.

(3.) THUS, it is apparent from the facts stated in the counter-affidavit as well as in the order, referred to above that the promotions to the post of head constable armourer from the post of constable armourer are being made on the basis of departmental examination held by the respondents. Paragraph 393 of the U. P. Police Office Manual on which reliance has been placed by the learned counsel for the petitioner, in support of his submissions reads as under : "393. Armourers, who also perform the duties of Magazines Moharrirs and Cycle repairs, are especially selected from Armed police constables and trained in Arsenals. They are included in the strength of the Armed police but for the purpose of promotion their cadre is treated as quite separate. Promotions from the rank of constable armourer to the rank of head constable armourer will be made by seniority but those having an unsatisfactory record of service may be passed over. Promotion from head constable armourer to sub-Inspector armourer will be made by selection. An Instructions File should be maintained on this subject." (emphasis supplied) A reading of the aforesaid paragraph reveals that promotion from the post of constable armourer to the post of head constable armourer is to be made on the basis of seniority subject to the rejection of the candidates whose service record is not found to be satisfactory. While promotion to the post of sub-Inspector armourer from the post of head constable armourer is to be made on the basis of selection.