LAWS(HPH)-2003-5-29

RAM SINGH VERMA Vs. UNION OF INDIA

Decided On May 01, 2003
RAM SINGH VERMA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This petitioner, by virtue of the present petition under Art. 226/227, Constitution of India, has approached this Court seeking the following writ, order or direction; (a) The notification dated 7.10.1994 (Annexure P -6) rejecting the representation of the petitioner be quashed and set aside; (b) The seniority list at Annexure P3 may be quashed an set aside and the respondents may be directed to draw a fresh seniority list by assigning seniority to the petitioner over and above respondents No.4 and 5 Sub Inspector; (c) The seniority and promotion from the rank of Head Constables to the next higher rank/post be given effect from the due dates in accordance with the Recruitment and Promotion Rules notified vide notification dated 15.6.1998 (Annexure P -2). (d) The petitioner may be given step up in pay so as to bring his pay at par with that of respondents No.4 and 5; and (e) The petitioner be granted all such consequential benefits to which he may be found entitled to.

(2.) Shorn of details, the facts of the case maybe thus stated. The petitioner was initially appointed as a Lower Division Clerk on 3.3.1966 in the then 31st (Himachal Pradesh and Punjab) SSB Battalion. He was converted to the rank of Head Constable with effect from 18.6.1969 and later promoted as Assistant Sub Inspector with effect from 4.11.1970 and thereafter as Sub Inspector with effete from 15.12.1976.

(3.) In exercise of the powers conferred by sub -section (I) of section 18 of the Central reserve police Force Act, 1949, the Central Government vide notification dated 15.6.1988 (Annexure P2) framed the rules known as Combatised Clerical Cadre Rules, 1988 for regulating the method of recruitment to the clerical cadre in the SSB Group Centres. Prior to formation of these rules, the recruitment and promotions to Head Constables - Clerks, Assistant Sub Inspectors - Upper Division Clerks and Sub Inspectors - Head Clerks were being made on seniority basis and at the Divisional levels, subject to the promulgation of the recruitment and promotion rules as may be promulgated.