YUGESHWAR YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing Memo dated 22.12.2009 issued by the Deputy Inspector General of Police (Personnel), Government of Bihar, Patna, whereby and whereunder the claim of the petitioner for grant of promotion on the post of Inspector of Police has been rejected. It has been further prayed that the respondents be directed to consider the case of the petitioner for promotion on the post of Inspector of Police from the date when his juniors Ram Pravesh Rai and Jogindra Prasad etc. were granted promotion on the said post.

(2.) The brief facts of the case according to the petitioner is that he was appointed as L.C. Operator (Wireless Operator) and joined the said post on 12.05.1967. The petitioner is stated to have been allowed to officiate on the post of Second Grade Operator in the rank of Assistant Sub-Inspector of Police with effect from 01.09.1973 vide office order dated 14.09.1973. The services of the petitioner is stated to have been absorbed in the General Police Cadre in the year 1975. The petitioner was then confirmed on the post of A.S.I. with effect from 01.07.1978 and thereafter he is stated to have been granted promotion to the post of Sub-Inspector of Police with effect from 30.11.1981 on an officiating basis and was confirmed on the post of S.I. of Police with effect from 01.08.1983. It is the case of the petitioner that the meeting of the Central Selection Board had taken place in between 14.07.1987 to 16.07.1987 for the purposes of granting confirmation to the incumbents on the post of Assistant Sub-Inspector of Police and the petitioner's case was found fit for confirmation on the post of Sub-Inspector of Police, whereafter a letter dated 26.07.1988 was sent by the Deputy Inspector General of Police (Administrative), Patna to the Deputy Inspector General of Police, North Chhotanagpur, Hazaribagh dated 26.08.1988 stating therein that the petitioner has been confirmed on the post of Assistant Inspector of Police with effect from 01.07.1978, hence his date of confirmation in the rank of Sub-Inspector of Police has been fixed as 01.08.1983. The Departmental Promotion Committee is said to have held a meeting in the year 2007 for considering the case of Sub-Inspector of Police for promotion to the post of Inspector of Police wherein many juniors to the petitioner were granted promotion on the post of Inspector of Police, however, the case of the petitioner was not considered though he had been confirmed as Sub-Inspector of Police on 01.08.1983.

(3.) Thereafter, the petitioner had submitted his representation for grant of promotion on the post of Inspector of Police but to no avail and the petitioner, in the meantime, superannuated on 30.06.2008. Lastly, it has been stated in the writ petition that the Deputy Inspector General of Police (Personnel), Bihar, Patna has rejected the case of the petitioner vide letter dated 22.12.2009 without considering the case of the petitioner in the right perspective.