SATYA NARAYAN SAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has approached this Court for an appropriate writ and/or direction to the respondents to permit him to attend the Senior Under Office Cadre Course (hereafter also referred to as the 'suocc'), he having been denied to undertake it without any acceptable justification. This Court, while issuing rule on 17. 01. 2005, in the interim, on a consideration of the rival submissions, directed to respondents to detail the petitioner forthwith to SUOC Course No. 23, commencing from 10. 01. 2005, making, however, his deputation therefore, subject to the outcome of the instant proceedings.

(2.) I have heard Mr. C. Choudhury, learned counsel for the petitioner and Ms. Bora, learned Central Government Counsel.

(3.) THE pleaded case of the parties in short, is indispensable for adjudicating the lis. The petitioner, who was enrolled in the Central Reserve Police Force (hereafter for short also referred to as the 'crpf'), as Constable (GD) on 19. 03. 1973, was attached to the 35 Bn. CRPF. He was as thereafter, sent on deputation to the Ministry of External Affairs, Government of India, and served there from 29. 11. 1985 to 28. 01. 1993. Being on deputation, he could not avail the Junior Cadre Course Sl. No. 65, and, therefore, was not considered to be included in the approved seniority list for promotion to the rank of Lance Naik, the same being an essential precondition therefor. He having represented, in that regard, the petitioner was thereafter permitted to take the Special Junior Cadre Course No. 76 in the year 1993 and having successfully completed the same, was promoted to the rank of Lance Naik. By them his contemporaries in the rank of Lance Naik had been promoted to the next higher grade of Naik. The petitioner again represented for the restoration of his seniority and thereafter, he was promoted to the rank of Naik with retrospective effect from 19. 07. 1991. Meanwhile, however, his colleagues had undergone the Senior Cadre Course, required to be eligible for promotion to the rank of Head Constable. Inspite of repeated representations of the petitioner to allow him to take the said Course, the same was not responded to, but was promoted to the rank of Head Constable with effect from 28. 01. 1993. As successful completion of the SUOC Course, was indispensable for being eligible to be considered for the next promotion to the rank of Sub-Inspector and such a course was scheduled to be conducted from 10. 01. 2005 to 08. 04. 2005, the petitioner offered to avail the same. He was, however, informed that he had not been recommended therefor. As his representations, thereafter before the appropriate authories to depute him for attending the said course failed, he approached this Court for redress.