SHAMSHER SINGH SANDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner working in the rank of Commandant in the CRPF, aspiring for promotion to the rank of Deputy Inspector General (DIG) filed this writ petition in the year 2001. According to him, the executive instructions issued in the year 1983 and the Recruitment Rules framed in the year 2001 deprived him of such promotion. The challenge made in this writ petition is the aforesaid executive instructions and the provisions of the Recruitment Rules issued in the year 1983 and 2001, respectively.

(2.) THE petitioner was first appointed in the rank of Deputy Superintendent of Police (D. S. P.) in the CRPF on 13. 12. 1976. He was promoted to the rank of Assistant Commandant in the year 1987. He was also considered for promotion to the rank of Commandant in the year 1997, but the result of the DPC was kept under sealed cover in view of pendency of a departmental proceeding initiated against him. However, he having been exonerated from the charge levelled against him, he was promoted to the rank of Commandant by order dated 31. 01. 2001 with retrospective effect, i. e. 18. 04. 1997, as per the recommendation of the DPC.

(3.) IT is the case of the petitioner that on the effective date of promotion to the rank of Commandant in the year 1997, he having rendered 20 years of service was entitled to be considered for promotion to the rank of D. I. G. It is the further case of the petitioner that taking into account the effective date of promotion in the year 1997, when he was actually promoted in 2001 he had deemed completion of 4 years of service in the rank of Commandant and thus, ought to have been considered for promotion to the rank of D. I. G. , upon his promotion to the rank of Commandant with retrospective effect.