K P BHOWMICK Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application under Articles 226 and 227 of the Constitution of India, the petitioner, a member of the Indian Police Service seeks the quashing of the decision of the Government as communicated by memo No. 28026/Gen.dated 3.12.1980 (Amexure -14) rejecting his representation and for a direction for inclusion of this name in the select list either of the year 1967 or 1968 for his promotion to the I. P. S. Cadre with effect from 30. 6.1967 and for assigning 1963 as his year of allotment and for other consequential benefits.

(2.) THE petitioner was appointed as a Deputy Superintendent of Police in the Orissa Police Service Cadre on 26.6.1958. He was confirmed with effect from 26.6.1961. The petitioner has alleged that one Mr. N. R. Patnaik who was recruited as Deputy Superintendent of Police on 1.5.1960 and confirmed in the rank with effect from 1.5.1963 was declared senior by the Government by order dated 27.6.1964, Annexure -2. His representation to Government protesting against the fixation of seniority of Mr. Patnaik above him having bean of no avail, he moved this Court in a writ petition bearing number O. J. C. 60 of 1965. By judgment dated 24.10.1968, this Court nullified the decision of the Government placing Mr. Patnaik above the petitioner in the seniority list. This Court observed that such placement of Mr. Patnaik was likely to effect adversely the petitioner's prospect of promotion to the Indian Police Service. The judgment was delivered on 24.10.1968, but wrong was not undone till 28.4.1969 when the Government cancelled its earlier order as per Annexure -2 (vide Annexure 5). Despite the restoration of status -quonate, his future was tagged to that of Mr. Patnaik, as the events would show, and the course of his service career ran only parallel to Mr. Patnaik but not ahead of him as it ought to have run he being senior to Mr. Patnaik by two years.

(3.) BEING aggrieved by the decision of the Government, the Select Committee and the U. P. S. C., the petitioner moved the Union Government by representation dated 10.5.1977. When for. two years the Government did not take decision, he moved this Court in O. J. C. No. 87 of 1979. On 23.6.1980, this Court directed the Union Government to dispose of the representation with the following order: 'We think it appropriate to call upon the Union Government to dispose of the petitioner's representation within four months from the date of service of the order. With this direction, the present writ application is disposed of. In case the petitioner has any grievance to make after the representation is disposed of should be at liberty to take appropriate legal steps to vindicate his grievance.' The petitioner made a further representation to the Union of India on 23.7.1980 as per Annexure -13. By Annexure -14 dated 3.12.1980, he was informed that the Government of India had rejected his earlier representation dated 10.5.1977. The representation as per Annexure -13 had not been disposed of by 27.2.1981 when the petitioner filed this writ application.