KANCHAN PANDEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 17.2.2004 passed by the Deputy Inspector General of Police, the petitioner has moved this Court by filing the present writ petition. The brief facts of the case are that, the petitioner was appointed as a Literate Constable (Operation) in the Bihar Police Radio Organization on 17.12.1972 and he was promoted as Assistant Sub-Inspector of Police (Operation), on 22.12.1976. It appears that one Shakti Ranjan Nag was appointed as Literate Constable (Operation) on 14.7.1976. With a view to fill up some posts in Radio Technical Wing in the rank of Assistant Sub-Inspector/Literate Constable from those who were working as A.S.I./Literate Constable (Operation), option was invited with the following conditions:--

(2.) Both, the petitioner as welt as the said Shakti Ranjan Nag passed the aptitude test and accordingly they were sent for basic Grade-III (Technical) course. The petitioner passed the basic Grade-III (Technical) examination on 1.1.1984 and the said Sri Shakti Ranjan Nag passed the basic Grade-III (Technical) examination on 10.5.1983. It appears that on a representation made by the said Sri Shakti Ranjan Nag, his seniority as literate constable was fixed with effect from his initial appointment as Literate Constable (Operation) and he was promoted as Assistant Sub-Inspector of Police (Technical) with effect from 10.5.1983 however, the said order was subsequently stayed by the State Government vide order dated 24.2.1989 which order came to be challenged before the Hon'ble Patna High Court in C.W.J.C. No. 4193 of 1989 by Sri Shakti Ranjan Nag. The writ petition was allowed by judgment and order dated 12.5.1994 and Sri Shakti Ranjan Nag was granted promotion as Assistant Sub-Inspector of Police (Technical) with effect from the' date he passed Grade-III examination, that is, with effect from 10.5.1983, as a result of which the petitioner who was about four years senior to Sri Shakti Ranjan Nag became junior to him. The petitioner made several representations and finally moved the High Court in C.W.J.C. No. 3116 of 1999(R) which was disposed of on 12.4.2001 with liberty to the petitioner to pursue his representation filed before the respondents. The petitioner preferred L.P.A. No. 384 of 2001 which was disposed of on 11.7.2001 in the following terms:--

(3.) As the direction of the Hon'ble High Court was not complied with, the' petitioner moved in Cont. (C) Case No. 465 of 2002 which was disposed of on 15.7.2002 with a direction to the Respondent-State of Jharkhand and the concerned officers including Director General of Police, Jharkhand to ensure that the identical, same and similar reliefs/benefits are granted to the petitioner as were given to the said Shakti Ranjan Nag. In compliance of the said direction, by order dated 24.12.2002 the petitioner was granted promotion on the post of Sub-Inspector (Technical) with effect from 1.1.1984. Surprisingly, after about one year the earlier order dated 24.12.2002 was reviewed by the successor Deputy Inspector General of Police by order dated 17.2.2004 which has been challenged by the petitioner in the present writ proceeding.