MAHANTH YADAV (INSPECTOR CIVIL P NO 82232085) AND 6 ORS Vs. STATE OF U P THRU PRIN SECY HOME DEPTT GOVT OF UP LKO &ORS

JUDGEMENT

(1.) Since the common questions of fact and law are involved in all three writ petitions, it would be appropriate to note the facts of leading Writ Petition No.5677(SS) of 2016 for convenience.

(2.) The petitioners are regularly promoted Inspectors from the cadre of Sub-Inspector against cadre posts of the inspector in civil police. The petitioners have filed these writ petitions aggrieved by the Government Order dated 23.07.2015 whereby it has been decided to give seniority to the out of turn promotee Inspectors on ex-cadre posts as well as consequential order dated 29.07.2015 for giving one time seniority to 990 non Gazetted police officials who were given out of turn promotions between 1994 to 2014 in pursuance to the Government Order dated 03.02.1994. The petitioners have also challenged the Seniority List dated 24.02.2016 whereby the persons junior to them in the feeder cadre of Sub-Inspector but were given out of turn promotions on ex-cadre posts have been assigned seniority much above them. Seniority of these ex-cadre promotees Sub-inspector has been determined in pursuance to the Government Order dated 23.07.2015.

(3.) The office memorandum dated 03.02.1994 envisaged that Constable and sub-Inspectors who had shown exemplary courage and gallantry while on duty would be appointed to ex-cadre posts which were to be created by the State Government upon the recommendation of the Director General of Police. Such acts of courage and gallantry would be commended when they had taken place in encounters with notorious terrorists and dreaded criminals or where the members of the police force had demonstrated courage and had assumed risks in arresting such persons.