MOHD NASIR KHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner member of the Indian Police service, aggrieved by the decision of respondent No. 1, allotting him 1970 as year of allotment, and placing him below respondents 3 and 4 in the seniority, has filed this writ petition for quashing the said order of the respondent No. 1, contained in annexure II to this writ petition.

(2.) ACCORDING to the petitioner, after serving in the state police service in various capacities, he was brought on IPS select list on 12 -12 -1972 and was taken into that service on 5 -7 -1975; vide presidential order No. 21/27/74 -PERS -II (Annexure I). He was posted as S. P. Kuthwa on 18 -4 -1971 which is a cadre post Thereafter he was, without his consent, posted as S. P. Traffic from 5 -11 -1973 to 11 -6 -1974, which is a non -cadre post. Subsequently he was again posted against a cadre post as Addl. S. P. Jammu on 12 -6 -1974. Thereafter he continued to remain on cadre posts till 5 -7 -1975 when he was taken into I. P. S.

(3.) RESPONDENT No. 1, through its Home Ministry by virtue of the order dated 4th March 1981 (Annexure -II), assigned year of allotment of petitioner as 1970 and determined the interest seniority of the IPS officers and placed respondents 3 & 4 as seniors to the petitioner. The petitioner alleges that he is entitled to be assigned the year of allotment as 1967 which is the year allotted to Shri S. S. Ali, the Junior most direct recruit in the J&K State. According to him the impugned order has wrongly assigned the year of his allotment to the service and fixed his seniority below respondents 3 & 4, causing great injustice to him.