VISHNU DAYAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner has been working on the post of Inspector with the respondent State. In the seniority list as it stood on 1.10.2004 (complete uptil 6.7.2005), the name of the petitioner figures at Sr. No. 93, which shows that the date of his enrolment in List 'F' is 6.11.1998 and date of promotion as Inspector given is 7.11.1998. It has further been averred by the petitioner in sub-para (iii) of para 8 that persons junior to him in the seniority list from 95 to 102 have already been promoted to the post of Deputy Superintendent of Police, vide order dated 22.12.2005 (P-5). He has also filed representation claiming his enlistment and promotion on the post of Sub Inspector with effect from 6.6.1989 and further promotion as Inspector with effect from 7.6.1996 claiming that he would be entitled to seniority at Sr. No. 63 above one Shri Balbir Singh, whose name figure in the seniority list at Sr. No. 64. The aforementioned representation is pending consideration of the respondents. However, on 5.4.2006, the respondents have issued a show cause notice to the petitioner (R-1) proposing to change his enlistment on the promotion List 'F' and the consequential date of promotion as Inspector with effect from 7.12.1998 instead of 7.11.1998. The aforementioned show cause notice is also pending consideration of the respondents.

(2.) Mr. Malik, learned counsel for the petitioner has drawn our attention to the entry at Sr. Nos. 101 and 102 of the seniority list, as it stood on 1.10.2004 (complete uptil 6.7.2005) (P-3), in respect of two Inspectors, namely, Sarv Shri Ram Kala and Vijay Kumar. The aforementioned entries show that both the Inspectors are junior to the petitioner whose name is reflected in the seniority list at Sr. No. 93. The date of promotion as Inspector in respect of both the aforementioned officers, namely, Sarv Shri Ram Kala and Vijay Kumar is 12.1.1999 respectively. According to the learned counsel even if the proposed change is effected in the date of his promotion as Inspector to 7.12.1998, the petitioner would still rank senior to the aforementioned Inspectors Sarv Shri Ram Kala and Vijay Kumar as his date of promotion would continue to be earlier than the aforementioned officers. It is admitted case of the parties that aforementioned Sarv Shri Ram Kala and Vijay Kumar have been considered and promoted on the higher post of Deputy Superintendent of Police on 22.12.2005 as is evident from entry Nos. 20 and 21 of the order dated 22.12.2005 (P-5).

(3.) Mr. Rathee, learned counsel for the respondents, however, on the other hand pointed out that the show-cause notice is yet to be replied by the petitioner and accordingly change in the seniority position has to be effected. According to the learned counsel, if junior to the petitioner has been considered then his case deserve to be considered for promotion. But that would depend on the change to be effected after considering the reply to the show cause notice, which may be given by the petitioner.