STATE OF H.P. Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The consideration in the present appeal is to the interim order dtd. 30/12/2025, passed in CMP No. 26232 of 2025 in CWP No. 2740 of 2020, titled Ashwani Kumar & others vs. State of H.P. & others, whereby the learned Single Judge has directed to constitute a committee, headed by the Principal Secretary (Home) to the Government of Himachal Pradesh, being the Chairman, along with other eleven members, out of which, nine belong to the Department of Police to look into the entire gamut of making promotion of the constables to the rank of Head Constables, especially those who are discharging general duty service. The learned Single Judge has further observed that all the related issues, including those highlighted and also reports already available on the subject have to be kept in mind while making recommendations in accordance with law and the committee as such can requisition all the relevant data from quarter concerned etc.

(2.) Apparently, the matter was then listed on 6/3/2026 and after a period of two months. The State has chosen to file the present appeal, just before the date fixed on 2/3/2026, primarily on account of the fact that the Courts as such were closed for winter vacation. Nevertheless, keeping in view the prayer made in the writ petition, comprehensive direction as such was sought including conditions of service of police personnel as per the notification dtd. 5/11/2012 and the recommendations made on 16/3/2013, which had earlier been passed in view of the judgment passed in CWP No. 3648 of 2009 titled Sakshi Sharma & another vs. State of H.P. & others, decided on 18/6/2012.

(3.) Apparently, in communication dtd. 3/6/2008, (Annexure P-6) the Director General of Police had also given his opinion as such regarding the minimum two rank promotions in the entire service career of constables and scheme as such which would not invoke any increase in the numerical strength of the department and will also not invoke any additional financial liabilities on the State exchequer. In the minutes of meeting dtd. 16/3/2013 (Annexure P-8) which is sought to be acted upon while filing the writ petition, various suggestions have been made that the posts of head constables be enhanced from 2866 to 2984 to remove the stagnation and also provisions to grant honorary ranks to the constables and financial incentives. The committee, however, observed that there is no stagnation and that B-1 test should be abolished and promotion should be made purely on the basis of seniority after passing the lower class course.