AVTAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This shall dispose of Civil Writ Petitions No.6471 of 1993 and No3373 of 1994.

(2.) In Civil Writ Petition No.6471 of 1993, petitioner is seeking a writ in the nature of Mandamus, directing the respondents to consider the case of the petitioner for promotion to the rank of Inspector with effect from the date his immediate juniors have been promoted, whereas in Civil Writ Petition No.3373 of 1994, petitioner is seeking a writ in the nature of Certiorari for quashing order dated 9.3.1994, whereby he has been ordered to be retired compulsorily with immediate effect under Rule 9.18 of the Punjab Police Rules, Volume I.

(3.) Petitioner was initially appointed as Constable on 22.6.1963. On passing of the Lower School Course, he was put on 'C' list and thereafter he was promoted as Head Constable. He was confirmed as such w.e.f. 1.8.1974. Further, on being promoted as A.S.I. on 10.4.1979, petitioner was confirmed on 31.8.1984. He was further promoted as Sub-Inspector (S.I.) on 28.10.1984 and confirmed in this post w.e.f. 31.3.1990. The grievance of the petitioner in this petition is that in September and November, 1991, respondents 4 and 5, immediate juniors to the petitioner, were considered promoted to the rank of Inspector, whereas the case of the petitioner who was senior to them was not considered. Petitioner has averred that during the last 10 year's record, he has been communicated only one A.C.R. of the. period from 27.6.1987 to 31.3.1988, against which he submitted representation and that was forwarded vide letter dated 6.12.1988 to the Reviewing Authority, but the same has been rejected summarily without assigning any reason and primarily on the ground that no such representation lies. The action of the respondents is being questioned on the ground that petitioner being senior to respondents 4 and 5 had a right to be considered for promotion to the rank of Inspector prior to the date his juniors were promoted. Thus, it has been averred that action of the respondents is violative of Articles 14 and 16 of the Constitution of India.