HEERA LAL DUNGARPURIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Government of Rajasthan appointed a Standing Selection Committee consisting of the IG of Rajasthan the Home Secretary, Govt. of Rajasthan under their Integration Department Order No F. 3(14) Intg/5, dated 28 -4 -52 to make selections and substantive fixation as also to determine seniority of Inspectors of Polite. For this purpose the Committee met on 6 -8 -1952. Shri Hiralal Dungarpuria was officiating as Prosecuting Inspector from 22 -4 -1951 and reverted us Prosecuting Sub Inspector on 15 -5 -52 He was not promoted again prior to the meeting of Integration Committee viz. 6 -8 -1952. Shri Hiralal Dungarpuria was therefore, not interviewed till then (6 -8 -52) in order to be considered for Integration as an Inspector. He was integrated as Sub inspector with effect from 15 -8 -52 and assigned seniority at serial No. 87. Since then, he had been making representations for his correct integration among Inspectors of Police on various grounds.

(2.) ON scrutinizing the representation of Shri Hiralal Dungarpuria by the Standing Integration Committee, it has been found that hit name was on the approved list before 19 -5 -52, the date on which he was reverted. He was inadvertently reverted and was not promoted again in order to provide one Shri Pratap Singh Hiran, who was then carrying on the current duties of Prosecuting Inspector at Dungarpur, inspite of the fact that Shri Pratap Singh was junior to Shri Hiralal. More over, other Sub Inspectors who were I junior to Shri Dungarpuria were promoted to the rank of Inspectors the reversion of Shri Hiralal was as such found irregular and the Committee considered him suitable for the post of Inspector of Police for which selection he was eligible also as the Government agreed with the recommendations of the Committee and Shri Hiralal Dungarpura's record was examined in detail. According to the procedure adopted for categorisation in the Cadre of Inspectors, it was found that he is entitled to be placed in 'A' Category of Inspectors a9 he bad secured 71 marks the Government in agreeing with the recommendations of the Standing Integration Committee ordered vide their Order No. F.1/1 (ii) HE -Gr. 1/61 dated 22 12 62 that the individual in question may be integrated in 'A' Category and his seniority be determined on the basis of length of Service as Inspector in that Category. 4. In view of the recommendations of the Integration Committee and in pursuance of Government Order No. F. 1/1(ii) HE/Gr -1/81 dated 22 -12 -62 Shri Hiralal Dungarpuria is confirmed as Inspector of Police with effect from 1 -8 52 and his name is deleted from Serial No. 87 of Sub Inspectors (Udaipur Range) and he is assigned seniority at Serial 10 'A' in the Interlaced Seniority List of Inspectors as under: Name Date of appoint - No. in Seniority Listment as Inspector of 'A' Group Inspectorsof Rajasthan Police.___________________________________________________________________________1 2 3___________________________________________________________________________Shri Hira Lal 22.4.51 S. No. 26 A in the Integratedlist issued vide No. F 11/2896dated 29 8 52 in between ShriNawal Kishore (5 - No. 26) whosedate of appointment as Inspectoris 23 -11 -49 and Shri Balu Singh(S. No. 27) whose date ofappointment) as Inspector is14 -12 -1951.b. In the interlaced Seniority Listissued vide No D. Intg. (12) 66/1349dated 8 -12 -1957 his name. is insertedat S. No. 10 'A' above Shri KanhiyaLal S. No. 11V & below Shri NawalkishoreSerial (10).Sd/ - Goverdhan Inspector General of Police, Rajasthan, Jaipur.

(3.) IT is in these circumstances that the petitioner has filed the present writ petition.