RADHAKISHOR TONGBRAM Vs. STATE OF MANIPUR

JUDGEMENT

(1.) This writ petition has been filed by the petitioners to quash the proceedings of the Class-III Review DPC held on 22.10.2018 for promotion from Havildar to Jemadar in the Manipur Police Department and the consequential promotion orders so far as it concerns the private respondents 3 to 11 only and to direct the respondents to hold a Review DPC again and to consider the case of the petitioners for promotion to the post of Jemadar strictly in terms of the relevant provisions of the rules and directions given by this Court In W.P.(C) No.383 of 2016, dated 13.7.2017.

(2.) The case of the petitioners is that the petitioners and the private respondents 3 to 11 were appointed as Havildars on 12.3.2007, 1.12.2001, 12.3.2007, 22.9.2009, 18.1.2001 and 11.11.2004 respectively. The petitioners have satisfactorily completed their probation period and they have rendered more than 11 years regular service in the grade of Havildars. The petitioners and the private respondents have also passed the Pre-Promotion Selection Test of Havildar. 0n 1.12.2014, the respondent authorities published final seniority list of Havildars, wherein the names of the petitioners were shown at Serial Nos.1095, 1165 and 1359 respectively, while the private respondents were shown as Serial Nos.273, 1096, 1474, 1236, 1329, 1990, 1969, 221 and 465 respectively.

(3.) According to the petitioners, the next promotional post of Havildar is the post of Jemadar. Under the recruitment rules for the post of Jemadar, the method of recruitment is 50% by promotion and 50% by direct recruitment. 85% of the promotion quota shall be filled up from Havildar having passed Pre-Promotion Selection Test and having completed the probation with 5 years regular service in the grade. 15% of the promotion shall be filled up from Havildars having satisfactorily completed the probation with 3 years regular service in the grade having passed the Pre-Promotion Selection Test and who have been recommended by the DGP by promotion by reason of their conspicuous acts of gallantry in discharge of official duties or who are outstanding sportsmen recognised by the all India Police Sports Control Board.