R DACHAN Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is an application by the petitioner in order to quash an order of the Government dated 16 -11 -68, being Government Order No. 1716 -D of 1968 by which respondents 2 to 4 have been adjusted and promoted as Dy. Inspectors General of Police (hereinafter to be referred to as the D. Is. G.) in the Indian Police Service cadre of the State (hereinafter to be referred to as the IPS). The order impugned is annexure 1 to the petition and the relevant portion of this order runs thus: "Consequent upon the appointment of the following State Police Officers to the Indian Police Service Cadre of Jammu, and Kashmir vide Government of India, Ministry of Home Affairs Notification No. 20/4/67 -AIS(III) dated 26th October, 1968, the following postings and adjustments are - hereby ordered: -

(2.) IN order to appreciate the contentions before us it will be necessary to give a short history of the services of the petitioner as also respondents 2 to 4. The petitioner is a graduate and entered the J and K State Police Service in the year 1955 and posted as Asstt. Superintendent of Police, after he was sent for training at the central Police Training College (now called (National Police Academy) at Mount Abu 1 also took a departmental training course he Police Training School Phillaur. The petitioner was confirmed in the State Police in the year 1957. In 1958 when (Constitution of the J and K cadre of IPS came into existence, the petitioner was taken as a direct recruit under R. 4 (3) to IPS (Recruitment) Rules of 1954 with effect from 4 -9 -58. The notification of his Ointment by the Ministry of Home Affairs was made on 29 -8 -59. This notification is annexure 2 to the petition. The petitioner further alleges that after appointment to the IPS he was assigned 1956 as the year of allotment under rule 5 -B of the IPS (Regulation of Seniority) Rules, 1954. The Boner further claims that in recognition of the valuable services which he rendered hewas appointed to several important posts was eventually selected for deputation to the Intelligence Bureau in the year 1959. petitioner further claims that he had retraining in a number of courses like (a) Finger Print & Tearsmoke course at Police Training School, Phillaur 1957 b) National Fire Service Course Nagpur 1958 (c) North Zone Police Training course Rajasthan 1960 (d) Advanced course for IPS officers at National Police Academy Mount, Abu, 1962 (e) Emergency Relief Training course at Nagpur 1963 Post against which adjusted DIG (CID) (Cadre) DIG Kashmir Range (Cadre) DIG Armed Police. He will continue to hold the addl. charge of Joint Commandant General Home Guards and Joint Director Civil Defence (Cadre). Subsequently the petitioner was promoted to the senior scale of the IPS on 15 -11 -62 and confirmed in this scale with effect from 1 -4 -64. The petitioner further says that he did excellent work in the Indo -Pak conflict of 1965. The petitioner thus contends that he was a senior officer possessing sufficient merit and ability and ought to have been promoted to the rank of DIG which was a cadre post, but his claims were ignored without any legal justification and respondents 2 to 4 who were junior to him were promoted as DIsG over his head, resulting in serious discrimination so as to be violative of Articles 14 and 16 of the Constitution of India,

(3.) BEFORE we consider this grievance of the petitioner, it will be necessary to give a resume of the history of the services of respondents 2 to 4 which is given by these respondents in the counter -affidavits filed by them. Mr. J. N. Hashia respondent 2 entered the State Police Service in the year 1945, by topping the list of successful candidates in the KCS Competitive examination. This officer was later on confirmed as Superintendent of Police in the year 1952. He was appointed as Addl. D. I. G. (CID) in the year 1965. Mr. Hashia further alleges in his affidavit that he had undergone the Gazetted Officers Training course at the Police Training School Phillaur and had passed the said course with flying colours. He also underwent a special course of weapons training in the Jammu and Kashmir Army Training School and the Equitation course with the Cavalry Bridge where also he got distinction certificates. He also received training in a special small arms course with the army under Col. Grant Taylor, the then Principal Small Arms Training College Mhow wherein after a competitive examination he stood second in the Northern Command. Apart from various other achievements which were to his credit, he was awarded the Indian Police Medal by the President in 1967 in recognition of his valuable services. It would thus appear that this respondent in fact entered the State Police Service long before the petitioner and appears to be much more trained and qualified than the petitioner. By the time the petitioner came to be absorbed in the IPS in the year 1958 the respondent was a pretty senior officer and had already been confirmed as Superintendent of Police. We might mention here that the Secretary General Depart, (hereinafter to be called) General Secretary in his counter -affidavit has expressly stated that this respondent could not be considered for the junior scale of IPS in the year 1958 because he was eligible actually for the senior scale of appointment to which no recruitment was made at all.