RATTI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE writ petition No. 3771/1989 preferred by the petitioner and others was disposed of on December 1, 1999 with the direction to respondents to include the name of petitioner in the list of eligible candidates for promotion to the post of Head Constable and also to consider him for promotion on the said post. THE said order has been construed by the petitioner as if he stood promoted by virtue of the aforesaid order so as to count his experience and preferred the instant writ petition with the following prayer:- " (i) to direct the respondents to consider the petitioner as Head Constable since 1989-90 in view of the order dated December 1, 1999 in SB Civil Writ Petition No. 3771/89. (ii) to direct the respondents to count the service of petitioner as Head Constable since 1989-90 and the petitioner be treated equivalent to those Assistant Sub Inspectors who were promoted as Head Constable in the year 1989-90 itself and whose names figure in the seniority list at Sr. No. 276 to 284. (iii) to declare illegal the examination for promotion to the post of Assistant Sub Inspector conducted by respondents on March 25, 2001. (iv) to quash and set aside the letter dated March 20, 2001. (v) to held that the petitioner is entitled to be promoted as Assistant Sub Inspector the date on which the similarly situated persons have been promoted with all consequential benefits and seniority. "

(2.) THE petitioner submitted that he being qualified Higher Secondary was initially appointed as Constable on September 15, 1979 in Rajasthan Police and discharging the duties as Head Constable in the office of Supdt. of Police Karauli vide belt No. 808. THE Dy. Inspector General of Police Bharatpur Range constituted the Board vide order dated June 30, 1989 for recruitment of Head Constables. THE selection process concluded on July 19, 1989 and 14 persons were selected vide circular dated July 3, 1989. On enquiry the petitioner came to know that vide another order dated July 17, 1989 14 persons have been selected for the post of Head Constable in District Sawai Madhopur. THE petitioner submitted that he qualified the test under the Rajasthan Police Subordinate Service Rules, 1974 (for short `1974 Rules') and he is entitled to be promoted as Head Constable because the number of clear vacancies for the said post in District Sawai Madhopur were/are 16 and a select list of at least 24 persons is required to be prepared. THE name of petitioner would certainly figure in the list of 24 persons. THErefore the petitioner and others preferred the writ petition No. 3771/89, which came to be decided on December 1, 1999 whereby the respondents were directed to include the name of petitioner in the select list. THE petitioner was promoted as Head Constable vide order dated March 19, 1998 against the vacancies of 1997-98.

(3.) HAVING gone through the material on record I notice that the petitioner has not completed continuous service of 5 years on the post of Head Constable because the petitioner was promoted vide order dated March 19, 1998, which is the requisite minimum qualification for promotion to the post of Assistant Sub Inspector. A bare look at the order dated December 1, 1999 reveals that the petitioner was merely directed to be considered for promotion and he was not actually promoted so as to count his experience as if he had already functioned on the post. I find not merit in the submission of learned counsel for the petitioner.