RAHMAN KHAN Vs. STATE OF RAJSTHAN

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for quashing impugned order Annexure -12 dated 9.3.2005 and prayed for direction to the respondents to post him as Head Constable MT with all consequential benefits as given to similarly situated persons Amrit Lal, Surendra Singh and Chandra Bahadur. The petitioner has further sought direction to the respondents to permit him to apply for the post of Sub -Inspector MT and consider his candidature and, if he is found suitable, to give him all consequential benefits in the matter of promotion, pay fixation, and seniority as Sub -Inspector.

(2.) THE summarizad submissions in the writ petition indicate that petitioner was initially appointed as Constable (MT), more specifically as Driver in 1875. He was however promoted as Head Constable in accordance with Rule 28 -A of the Rajasthan Police Subordinate Service Rules, 1989 (in short, hereinafter called 'the Rules of 1989'). Rule 28 -A of the Rules of 1989 provides that 10% of the posts which are to be filled in by promotion are reserved and the same are to be filled in by the Director General/Inspector General of Police out of those personnel who have shown outstanding work in the anti -dacoity, anti -smuggling or in any special field of Police work including performance in games and sports, or have put in not less than 20 years of service exclusively as member of the police service and also have exceptionally good and unblemished record of service with integrity.

(3.) ON 30.7.2004, again, the case of the petitioner was recommended by the Superintendent of Police, Jodhpur vide communication dated 30.7.2004 because the petitioner was initially appointed on the post of Constable Driver (MT). But the claim of the petitioner was rejected vide communication dated 9.3.2005 in which it is staged that the petitioner has filed application for transferring him on the post of Head Constable MT, therefore, after such delay his application cannot be accepted. It is also observed in the order that the reason for transferring him from the post of Head Constable (General) to the post of Head Constable (MT) is to get the opportunity for promotion to the post of Sub -Inspector (MT) which is not proper.