MUNNA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 21. 02. 2000 passed by Hon'ble Mr. V. G. Palshikar, J. dismissing the writ petition on the ground that the appellant having accepted the benefits of appointment to the post of Constable, cannot round out to the post of Head Constable.

(2.) THE appellants petitioner applied for the post of Wireman/lineman in the rank of Head Constable in pursuance of the advertisement dated 14. 10. 94. According to the appellants they have qualified and satisfied all the general eligibility conditions and were successful in the selection process after passing the required test and interview. However, by an order dated 10. 12. 1994 they were declared selected on the rank of Constable instead of Head Constable/naik for Wireman/lineman for which they have actually applied and appeared during the recruitment process. THE appellants jointed the duties and therefore raised their protest with the authorities by submitting applications against their grievance which was rejected on 9. 9. 99 stating that their claim could be considered for a fresh appointment on the post of Head Constable when it arose. Being aggrieved, the petitioners preferred the writ petition which was dismissed by the learned Single Judge on the ground that since the appellants had accepted the appointment, they could not now raise the grievance. Aggrieved by the said order, the present appeal has been filed by the appellants.

(3.) UNDER these circumstances, we are of the opinion that the learned Single Judge has rightly dismissed the writ petition. In our opinion, the appellants have been given appointment, for which they were entitled to, as found by the Selection Board. Having accepted appointment on the post of Constable, they cannot claim the post of Head Constable and therefore, in our view, the appeal deserves to be dismissed. Accordingly, we do so.