VIJAY SHANKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) (Oral)

(2.) THIS petition filed under Article 226 of the Constitution is directed against the order dated 30.12.2005 (P-10) wherein the representation filed by the petitioners was turned down. The claim made by the petitioners is that the respondents have promoted 53 persons who were appointed on the post of Constable later than the petitioners and they have been taken by way of deputation. The eligibility for a Constable to come on deputation as a PAP Constable (Technical) is 5 years service and 1 year experience in the trade subject to qualifying proficiency test. Those having diploma from recognized institutions are to be preferred. The petitioners who were appointed prior to the notification of the Recruitment Rules, dated 25.10.1999, have been treated to be appointed under those rules and there is no method for promotion provided by the Rules of 1999. As such there is no requirement of fulfillment of any conditions for promotion. The next scale is to be given to the petitioners after C.W.P. No. 7437 of 2006 completion of 12 years of regular service, if declared fit for the post they are holding by the duly constituted Departmental Selection Committee.