VIJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order will also dispose of Civil Writ Petition Nos. 10639 of 1990,----------8774, 10169 and 10621 of 1991 as common questions of fact and law are involved in the same. Facts have, however, been extracted from Civil Writ Petition No.16639 of 1990 "Vijay Kumar Versus The State of haryana and others." As the learned Deputy Advocate General appearing on behalf of the State has also referred to written statement filed in Civil Writ Petition No. 8774 of 1991 "Siri Krishan vs. The State of haryana" etc., the defence projected in that case as also this one would need a necessary mention.

(2.) Petitioner Vijay Kumar was initially recruited as a Constable Operator-cum-Technician on 19.6.1971 in the Wireless Section of the Police Department of Haryana. he was promoted as head Constable with effect from 13.6.1975 and later as Assistant Sub Inspector of Police on 19.2.1981. It is pleaded that he had a clean record of service and his integrity has not been doubted at any stage of his service career spanning over a period of 20 years. However, in the year 1981-82, he was conveyed adverse remarks to the effect that though he was working satisfactorily yet, he should improve his radio-theory the same remarks were repeated in the subsequent two years. It is for that reasons that he was held on at Efficiency Bar due with effect from 1.4.1982, 1.4.1983 and 1.4.1984 vide orders dated 10.7.1984. He made a representation against the remarks aforesaid which was accepted and, thus, he was allowed to cross Efficiency Bar with effect from 1.4.1982 vide orders dated 11.11.1985. In consequence thereof, he was paid arrears of any amounting to Rs. 2,332.20 P He continued working with utmost devotion and dedication and in recognition of his distinguished service, he was awarded as many as 18 Commendation Certificates. In the year 1988-89, the then Superintendent of Police Wireless on the basis of some mis-understanding recorded some vague remarks not connected with his integrity. He, however, made a representation to the Deputy Inspector General of Police, against the said remarks which was accepted vide orders dated 3.9.1990 and the adverse remarks were expunged. However, on account of fact, that he was held up at Efficiency bar and later on some adverse remarks were made in his report for the year 1988-89, he was ignored from promotion. On that count as well, he made representation seeking as even personal interviews for considering him for promotion as Sub Inspector with effect from the date when his immediate junior was promoted. However, on orders were passed on his representation even though he was verbally told that since he had not passed T.O.G. Grade I and II examination; he could not be promoted in view of the instructions dated 23.3.1987, Annexure P4, The case of the petitioner is that instructions, Annexure P4, were not applicable to him inasmuch as he was due for promotion with effect from 20.10.1984 after adverse remarks had been expunged and he was allowed to cross Efficiency bar with effect from 1.4.1982 vide orders dated 11.11.1985. The instructions, it is pleaded, could not operate retrospectively. Even otherwise, the said instructions were not being applied to the existing staff. It is pleaded that respondents were promotion other police officials as Assistant Sub Inspectors and Sub Inspectors who had not passed T.O.G. Grade-I Examination. By way of example, it is pleaded that vide orders dated 3.11.1988, 13 persons including Sub Inspector Bhola Nath were promoted to the rank of Inspector without their having passed T.O.G. Grade I and II examination, the action of the respondents is, thus, styled to be dlscriminatory. It was further stated that the petitioner had passed two years diploma in Radio mechanic Trade from I.T.I. Chandigarh which was recognised by the Central Government and later on passed T.O.G. Grade II and III course, the instructions are also stated to be against the statutory Punjab Police Rules. When the representations of the petitioner brought no tangible results, he has filed the present petition seeking a writ in the nature of mandamus directing the respondents to consider his case for promotion to the rank of Sub Inspector from the date his immediate junior was promoted with all consequential benefits.

(3.) The cause of the petitioner has been opposed and in the written statement filed by Sh. Sheel Madhur, I.P.S., Superintendent of Police, Wireless haryana on behalf of respondents No. 2 and 3, it has been pleaded by way of preliminary objection that the next promotion to the petitioner is for the post of Sub Inspector of Police (wireless) which is not governed by any statutory Rules but by way of passing the departmental technical courses, introduced from time to time as envisaged by the Technical Standard Committee Report of 1987. the petitioner could not pass radio technician Grade I, the requisite promotion course alongwith his juniors and as such he could not be promoted. He, therefore, lost his interse seniority. As regards his promotion to various ranks as detailed above, it is stated that he gained promotions by passing certain pre-requisite departmental promotion courses and not on account of his meritorious service he was ignored from promotion to the rank of Sub-Inspector as he did not pass the pre-requisite Radio-Technician Grade I course and not because of any other reason as alleged by him. In the absence of any statutory Rules, it is pleaded that the persons belonging to the petitioner's cadre only become eligible for further promotion when they pass the prescribed courses as enshrined in the Technical Standard Committee Report, 1987, Annexure R1. It was, thus, mandatory for him to have passed the Radio Technician Grade Course so as to become eligible for further promotion as Sub-Inspector. The petitioner was sponsored to undergo the Radio Technician Grade Course which is termed as promotion course in accordance with his turn and seniority. The petitioner could not pass the said course and, therefore, he could not get the next promotion as Sub Inspector alongwith other promotees who got promotion as Sub Inspectors vide orders dated 18.10.1988.