MD ABDUL HANNAN KABIRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is filed by the petitioner assailing the decision of the respondent authority to give promotion to the petitioner to the post of Assistant Sub-Inspector without taking into consideration the date of his ad hoc promotion.

(2.) The petitioner was initially appointed to the post of Constable in Railway Protection Force under Eastern Railway with effect from June 16, 1973. He was promoted to the post of Head Constable in the year 1984. On December 21, 1984 he was transferred to Metro Railway. By an order dated September 23, 1996 passed by the respondent no.4 with due approval of the competent authority, the petitioner was allowed to officiate as Assistant Sub-Inspector on temporary local ad hoc arrangement. Subsequently, by an order dated February 17, 2005 passed by the respondent no.4 the petitioner was promoted to the rank of Assistant Sub-Inspector under restructuring scheme. The petitioner submitted a representation to the respondent authority for giving effect of his promotion to the post of Assistant Sub-Inspector from the date of his officiating the above post, i.e. with effect from September 23, 1996. Pursuant thereto an enquiry was conducted by the respondent authority in the matter and enquiry report dated April 5, 2005 was submitted to the respondent no.4 with recommendation for giving effect of the above promotion of the petitioner with effect from September 23, 1996. The respondent authority did not act on the basis of the aforesaid recommendation. Hence this writ application. It is submitted on behalf of the petitioner that the petitioner all alone discharged his function under the respondent No.2, the Metro Railway not being a separate division.

(3.) It is also submitted by him that there existed a large number of vacancies in the post of Assistant Sub-Inspector and the petitioner came within the zone of consideration on the date of ad hoc promotion as also he had rendered continuos service to the post of Assistant Sub-Inspector with effect from September 23, 1996 till the date of his regular promotion to the above post and he got remuneration for the said post.