RANCHI, India, July 22 -- Jharkhand High Court issued the following order on June 23:
1. Heard learned counsel for the parties.
2. The instant writ application has been preferred by the petitioner for the following reliefs:-
(a) For issuance of a writ of or in the nature of mandamus or for any other appropriate writ, order or direction, for directing the respondents to make necessary correction in the final seniority list dated 01.01.2016 (Annexure-6) prepared by the respondents, for the officers of the State Police Service i.e. Dy. S.P., Sr. Dy. S.P. and above so far as the seniority position of this petitioner is concerned;
(b) For directing the respondents to place the petitioner at Sl. No. 22 or 21A of the Seniority List dated 01.01.2016 (Annexure-6) instead of putting the petitioner at Sl. No. 41;
(c) After correcting the seniority position of the petitioner in the Seniority List dated 1.1.2016 prepared for the State Police Service (Annexure-6), the case of the petitioner be considered for next higher scale of Senior Dy.S.P., as has been given to the juniors to the petitioner, with all consequential benefits.
(d) For issuance of such other writ, order or direction as may appear just and proper for doing equitable justice to the petitioner.
(e) For issuance of an appropriate writ)s/order(s)/direction(s) in nature of certiorari for quashing the part of the letter dated 18.09.2009 (Annexure-3) whereby and whereunder the case of the petitioner has been considered partially and the date of promotion of the present petitioner has been considered from 21.04.1998 instead of 1997 even when there is an order of the Hon'ble Court passed in W.P.(S) No. 1404 of 2009 which is sheer violation of Article 14 &16 of the Indian Constitution.
3. The brief facts of the case as per the pleadings are that the Petitioner is a direct recruit Sub Inspector of 1984 Batch. In 1997, when similarly situated persons were being considered for promotion to the post of Inspector, the case of the Petitioner was not considered owing to the missing service records. Aggrieved by this, the Petitioner pursued the matter before the concerned authorities and when no action was taken, the Petitioner filed writ application being W.P.(S) No. 1404 of 2009 where this Court vide order dated 18.04.2009 disposed of the case directing the Respondents to consider the Petitioner's case for promotion with effect from the year 1997.
Consequently, the Police Headquarters vide Memo No.2589 dated 18.09.2009 revised the seniority position and the Petitioner was given notional promotion to the post of Inspector w.e.f. 21.04.1998. Further, the office of the Director General of Police, Jharkhand requested the Home Department, vide letter no. 424 dated 17.05.2010, to re- determine the seniority position of the Petitioner to the post of Dy. S.P. w.e.f. 16.06.2008.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=eISc8sUCYnQFBVP%2BVeJCOHNK6g9Vm2d%2BhkeQRnlsHnxAXLjzY618NzXDPCur5lKU&caseno=WPC/4496/2017&cCode=1&cino=JHHC010357522017&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.