SAWAROOPA NANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE only point in issue, which needs adjudication in this writ petition, is as to whether the petitioner in the given facts and circumstances is entitled to be promoted as Head Constable in Band staff of District Police, Shimla.

(2.) ADMITTEDLY , the petitioner was appointed as Constable in band staff of District Police, Shimla on 11.8.1983. As per the seniority list Annexure P -2 of Head Constable/ Constable posted in Band staff as on 31/12/2005, the name of petitioner figures at Sl. No.3. The personnel namely Bhagat Ram and Mast Ram at Sl. No.1 and 2, respectively, above him were promoted as Head Constables purely on the basis of seniority. Shri Mast Ram at Sl. No.2 in the seniority list was promoted vide order dated 8.9.2006 Annexure P -3. The personnel at Sl. No.1, Shri Bhagat Ram, who as per the note below remarks column of the seniority list Annexure P -2, was promoted as Head Constable (Band) on 17.2.2005, stands retired from service on 31.3.2007. His retirement from service has caused a vacancy in the rank of Head Constable (band). When the petitioner was not considered for promotion against the vacancy of Head constable so caused, he made a representation to the respondents on 22.7.2008. The petitioner has not been conveyed anything about the fate of the representation so made by him.

(3.) THE stand of the respondent in reply to the writ petition, however, is that in Police organization promotion of a constable to the Rank of Head Constable is governed under Punjab Police Rules 13.7 and 13.8 and that passing of Lower School Course is pre -requisite for such promotion. The constable who qualifies B -1 test is only recommended to undergo the Lower School Course and after qualifying such course is brought on list C -1. It is thereafter that he is promoted as Head Constable in order of merit obtained in Lower School Course, keeping in view the availability of post in District/Unit. The personnel posted in the band staff are also eligible to take B -1 Test.