RANBIR SINGHS Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) It is a petition by 20 persons, who claim to have been working as Head Constables in various police stations in different Districts of the State of Uttar Pradesh.

(2.) Petitioners claim that they were working on the date of filing of petition in the pay scale of Rs. 1,640-2.900 having their designation as Head Constables. According to the petitioners, this promotional pay scale in the cadre of Head Constable is the minimum in the pay scale provided for a cadre of Sub-Inspector. Relevant details have been given in paragraphs 2 and 3 of the writ petition as well as chart filed as Annexure-1 to the writ petition. Petitioners claim that respective duties assigned to different cadres and officers have been provided in the Police Regulations. Regulations 55 to 57 provide for duties of Head Constable.

(3.) Regulation 51 of the U. P. Police Regulations lays down duties assigned to a person working on the post of Sub-Inspector. It is contended that the duties as contemplated under relevant paragraphs of the Police Regulation provide for duties of the Head Constable, which do not include investigation of cases. The petitioners further contended that the appointment on the post of Sub-Inspector is to be effected by filling 50% vacancy through direct recruitment and rest 50% through promotion (25% of which by departmental examination and the rest 25% to be filled solely on the basis of seniority subject to unfit in the next below cadre, that is, from Head Constables). It has been stated in paragraph 11 of the writ petition that following the procedure contemplated in the Police Regulations, promotions were made on July 3. 1996 to the post of Sub-inspector from Batch No. 56. Petitioners allege that no departmental promotion or through seniority, as contemplated under the Police Regulations has been made from' the candidates belonging to Batch Nos. 55 and 56. Petitioners claim that the other incumbents belonging to Batch Nos. 57 to 61 cadre, who matured their right, have been given promotional pay scale arbitrarily and illegally and the petitioners have been thus denied regular promotion and designation as Sub-Inspector.