BIJENDRA YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner prayed before the authorities to count his services rendered as Officiating Sub -Inspector of Police w.e.f. 11th June, 1976, but it was rejected by Deputy Inspector General of Police (Hqrs.) Jharkhand, Ranchi (hereinafter referred to as the D.I.G. Police (Hqrs.), Jharkhand, Ranchi), by letter No. 984 dated 2nd May. 2003. The said order has been challenged by the petitioner in this case.

(2.) ACCORDING to the petitioner, he is entitled for seniority as a Sub - Inspector of Police w.e.f. 11th June, 1976 in the light of judgment rendered by Supreme Court in the case of Direct Recruit Class -II Engineering Officers Association v. State of Maharashtra reported in AIR 1990 SC 1970. According to him, the period of officiating service can be counted in certain cases, as held by the Supreme Court in the aforesaid case, paragraph 44 (b) of which is quoted hereunder:

(3.) THE petitioner having not granted such benefit, had to move before this Court in W.P. (S) No. 52 of 2003 with the claim that he is entitled for seniority as Sub -Inspector of Police w.e.f. 11th June, 1976. A bench of this Court having noticed the fact aforesaid and observations of the Supreme Court at paragraph 44 (b) made in the case of Direct Recruit Class -II Engineering Officers Association" (supra), remitted to Respondents for decision by an order dated 25th March, 2003. The D.I.G. Police (Hqrs.), Jharkhand, Ranchi having rejected such prayer by letter No. 984 dated 2nd May, 2003, the present writ petition has been preferred against the said order of rejection.