ASHUTOSH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the instant writ application, the prayer has been made for quashing of the Dhanbad District Order dated 04.08.2000, vide Annexure-1, and for quashing of the District Order No. 3239 of 1997 with respect to petitioner, whereby the petitioner has been illegally authorized to work as Learner Driver, and further prayer has been made for direction to the respondents to restore the services into the District Armed Police Cadre and give him all benefit with retrospective effect, such as pay scale, seniority and promotion etc.

(2.) The brief facts, as has been averred in the writ application, is that petitioner being a Matriculate was appointed as Constable in District Armed Police on 01.12.1986 and thereafter, the petitioner completed the Armed Police Force training. After completion of the said training, the petitioner joined as District Armed Police in the Reserve Police Line at Hazaribagh. In the year 1992 the petitioner was transferred from Hazaribagh to Chatra District where he performed all the duties of Armed Police. In the month of November 1996 the petitioner was transferred from Chatra to Dhanbad District and performed the duties of Armed Police Reserve. It has been averred that since the petitioner had the knowledge to drive vehicles and due to paucity of regular drivers, the superior authorities orally directed the petitioner for his assistance to drive police vehicles for temporary period. In the month of January 1998, the petitioner was put under deputation at Dhanbad Police Station and was further directed to drive various police vehicles. In the year 2000 in pursuance to wireless message of Superintendent of Police, Dhanbad, the petitioner appeared before the duly constituted Board for drive test of police vehicle against his wish. Thereafter, the petitioner continued to drive police vehicles as per the direction of the superior authorities. The petitioner came to know from the reliable sources that he has been taken in Police Driver Cadre (Ordinary Reserves) in the year 2002 but at the relevant time he did not receive any district order in writing. The petitioner immediately raised objection by filing a written representation before the competent authority. A telephonic message was received from the Officer in-charge of the Baghmara Police Station on 07.07.2010 directing the petitioner to appear before the Board, constituted for promotion from PoliceDriver to Driver-Hawaldar and the petitioner having no option had to appear before the said Board with protest. But to the utter surprise, the services of the petitioner has been confirmed in the post of Police-Driver by the district order dated 04.08.2000 vide Annexure-1 to the writ petition. The petitioner being aggrieved filed detailed representation before the DIG (Police) Bokaro Range through proper channel seeking permission to approach the High Court for redressal of his grievance, vide Annexure-2 to the writ petition.

(3.) During pendency of the writ application, I.A. No.5129 of 2013 has been filed by the petitioner, seeking to impugn the Dhanbad District Order No.3239 of 1997 which has been brought on record as Annexure-A to the counter affidavit. By the said impugned district order, it has been indicated by the respondents that on the petitioner's application, he was allowed to work as Learner Driver. The said order, vide Annexure- A to the counter affidavit has been brought on record by way of said amendment, which is also impugned in this writ application. Being aggrieved by the aforesaid order passed by the respondents, the petitioner left with no alternative, has been constrained to approach this Court, under Article 226 of the Constitution of India for redressal of his grievance.