SATISH KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS Writ Petition is pending since 2006, challenging the orders, by which the petitioner's empanelment for promotion as Head Constable, was directed to be cancelled, and his name was removed from the panel on the ground that he sired the third child after 01.06.2002.

(2.) A request has been made, on behalf of the State/respondents, to adjourn the matter. Since the matter is pending since 2006, the request for adjournment made by the respondents, is rejected, and the matter was heard.

(3.) THE petitioner was appointed as Constable in the Rajasthan Police on 30.09.1989. He was selected for promotion to the post of Head Constable vide order dated 22.12.2005, issued by the Superintendent of Police, Baran. His name was empanelled at serial No. 13. The petitioner joined and was posted at Seeswali, vide order dated 09.01.2006. By the impugned order dated 18/20.03.2006 passed by Inspector General of Police, Kota Range, Kota, the petitioner's name was removed from select list, and he was directed to be demoted as Constable, on the ground that a third child was born to him after 01.06.2002, on 05.04.2005. The order was passed in pursuance to the directions issued by the Director General of Police on 18.11.2005, in pursuance to Rule 26 of the Rajasthan Police Subordinate Service Rules, 1989, which provides that if a third child is sired by a public servant after 01.06.2002, he is not entitled to promotion, for a period of five years.