ZABAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER by this writ petition has challenged the letter dated 4 -1 -1984 (Ex. R/1) and the reply dated 6 -5 -1986 (Ex. R/2) and order 28 -5 -1986 (Ex. R/3). It has further been prayed that the respondent may be directed to send the petitioner for promotion cadre course. Petitioner is working as Platoon Commander in 6th Battalion, R.A.C., Dholpur but he is on deputation in the Department of Intelligence Bureau (Ministry of Home Affairs) Government of India and he is posted as Assistant Central Intelligence Officer (Grade -I) at Jodhpur. Petitioner appeared in selection test for promotion to the post of Commander in December, 1983. Petitioner was declared successful and according to the respondent his name was shown at serial No. 24. The total number of successful candidates for promotion on the post of Company Commander was 25. According to Rule 24 of the Rajasthan Police Subordinate Service Rules, 1974 (here in after referred to as the Act, 1974) the selected candidates are sent for promotion cadre course in accordance with seniority. Petitioner by this writ petition has prayed that he may be sent to promotion cadre course. Petitioner also filed another writ petition bearing No. 1232/86 and a reply was also submitted by the State Government. Another grievance of the petitioner is that he has been deprived of promotion on the post of Company Commander, illegally and that two vacant posts of Company Commander in the year 1984 -85 on which ad hoc arrangements have been made by appointing Shri Rameshwar Lal and Shri Tara Chand, Junior to the petitioner as Platoon Commander. A return has been filed by the respondent and it has been pointed out that the petitioner appeared for the test but his name could not find mention in the select list, prepared and issued on 4th January, 1984. Tara Chand, junior to the petitioner was selected against the S.C. quota. It is further submitted that all these facts, which have been alleged by the petitioner were enquired into and he was informed through the Asstt. Director, CBI (Home Affairs) by the communication dated 28th May, 1986 and the order dated 6 -5 -1986 (Ex. R/2). It was further informed to him that for the year 1986 -87, the examinations are again commencing for filling the vacancies, therefore, if petitioner is desirous, he may apply for the same.

(2.) THE grievance of the petitioner that he has been selected and placed in the select list, therefore, he should be considered for promotion for the post of Company Commander does not appear to be well founded. Since the petitioner has been declared successful in the test, but because of the paucity of vacancies, he could not be placed in the select list dated 4th January, 1984 which was finally issued. Since, his name did not find mention in the select list, therefore, neither he could be sent for promotion cadre course nor he could be promoted to the post of Company Commander.