SATYENDRA PRATAP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) WITH the consent of the parties, the matter is heard finally.

(2.) IN the instant writ petition, the petitioners who are working as Head Constables, have challenged the vires of the GOP order dated 7-6-2008 issued in exercise of powers under Section 12 of the Police Act, 1961.

(3.) WE have heard learned Counsel for the parties. Shri K.K. Trivedi, learned Counsel for the petitioners submitted that right accrued to the petitioners under the old policy of promotion cannot be taken away by issuing the new GOP dated 7-6-2008. It has further been contended that the GOP dated 7-6-2008 has been given retrospective effect as the petitioners' names have been directed to be removed from the list of Head Constables who have qualified the cadre examination only on the basis of age factor. The new policy of promotion framed by GOP dated 7-6-2008 cannot be given retrospective operation. The petitioners would be deprived of the benefit of, promotion. It was further submitted that GOP dated 7-6-2008 has no reasonable nexus with the object sought to be achieved and the same is discriminatory and arbitrary and is violative of Article 14 of the Constitution of India.