LOHIT BHUYAN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) By the present application made under Article 226 of the Constitution of India, the petitioners, while challenging promotion of the private respondents, namely, respondents No. 3, 4 and 5 to the posts of Deputy Superintendent of Police (hereinafter referred to as "the DSP"), have sought for issuance of appropriate writ/writs setting aside the impugned order, dated 08.10.2001, whereby the private respondents have been promoted, as indicated hereinbefore, and for further directions to the State respondents to promote the petitioners to the posts of DSP in terms of their actual inter-se seniority as per the seniority list of the Inspector of Police, as on 01.07.2001, by applying 40 point roster system.

(2.) I have heard Mr. R. Deka, learned counsel for the petitioners, and Mr. B.L. Singh, learned Sr. Govt. Advocate, appearing on behalf of the respondents No. 1 and 2. I have also heard Mr. T. Pertin, learned counsel appearing on behalf of the respondents No. 3, 4 and 5.

(3.) The material facts, which emerge as undisputed in the present case are as follows : The three writ petitioners, namely, Shri Lohit Bhuyan, Shri Manik Gogoi and Shri Heramba Kumar Deori, were appointed as Sub-Inspectors of Police in the year 1978. After their entry into the service, the Sub-Inspector of Police (Group 'C' posts) Recruitment Rules, 1988 (hereinafter referred to as "the Recruitment Rules of 1988") was notified on 15.12.88. According to this Rule, there were 46 posts of Inspector of Police and out of these posts, 75% were to be filled up by promotion from Sub-Inspectors of Police and the remaining 25% by deputation, failing which by way of promotion, the qualifying period of service for such promotion being five years of regular service in the grade of Sub-Inspector. While the petitioner No. 1 and 2 aforementioned were promoted as inspectors of Police.on 08.05.87, the petitioner No. 3 was promoted as Inspector of Police on 01.07.87, the promotion of the petitioners having been made following 40 point roster system as was in force at the relevant time.