TELESPHORE BAGE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing the order being Chatra, District Order No.866/2017, dated 02.05.2017 issued by the respondent No.5, whereby the seniority of the petitioner on the post of Inspector of Police has been re-fixed from 27.02.2003 to 28.01.2014 and consequently the respondents are seeking to recover the amount paid to the petitioner on account of his promotion and cancellation of benefits of 1st ACP and 2nd MACP. Further prayer has been made to direct the respondent No.2 to grant the benefit of promotion to the petitioner on the post of Inspector of Police w.e.f. 27.02.2003 as well as pecuniary benefits of 1st ACP and 2nd MACP.

(2.) The short facts of the case lies in a narrow compass. The petitioner was appointed as Sub-Inspector of Police through direct recruitment in the year 1984. After cadre bifurcation, the services of the petitioner was allocated to State of Jharkhand. In February, 2003, the Departmental Promotion Committee in its meeting had found the petitioner eligible for promotion to the post of Inspector of Police from Sub Inspector and was promoted w.e.f. 27.02003. Thereafter, the respondents had prepared a common gradation list of the cadre of Inspector of Police in the year, 2013 and the name of the petitioner appeared at Sr. No. 57 of the said gradation list. Subsequently, on 30.09.2014, a meeting of Departmental Promotion Committee was held to consider the case of the Inspector of Police for promotion to the post of Deputy Superintendent of Police and the case of the petitioner was considered by the said Departmental Promotion Committee, however, it was decided by the Departmental Promotion Committee that the petitioner was promoted to the post of Inspector of Police on 27.02003 whereas, he passed the PTC Exam in January, 2014 on this ground alone his date of promotion to the post of Inspector of Police ought to be amended. Being aggrieved, punit the petitioner approached this Court by filing a writ petition being W.P.(S) No. 2384 of 2015 primarily seeking promotion to the post of Deputy Superintendent of Police, which is still pending before this Court.

(3.) In the instant writ petition, the respondents sought to restore the promotion date granted to the petitioner on the post of Inspector of Police. The Respondent No.5 issued an Office order dated 02.05.2017 being Chatra District Order No. 866 of 2017 wherein the date of promotion of the petitioner on the post of Inspector of Police was shifted from 27.02.2003 to 28.01.2014 and further the benefits of 1st ACP and 2nd MACP granted to the petitioner was also cancelled and pay of the petitioner was revised. Being aggrieved thereto, the petitioner represented before the respondents on 20.05.2017 but the respondents are sitting tight over the matter. Hence, present writ petition has been preferred by the petitioner for redressal of his grievances.