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Jharkhand High Court · body

2018 DIGILAW 571 (JHR)

Hawaldar Puran Chandra Saha v. State of Jharkhand

2018-03-12

S.N.PATHAK

body2018
ORDER : Learned counsel for the petitioner is permitted to make suitable corrections in the cause title of the main writ petition in course of the day. 2. The petitioner has approached this Court with a prayer for a direction upon the respondents to consider his case for out of turn promotion from the post of constable to Assistant Sub-Inspector of Police for his outstanding performance in winning Gold Medal in National Air Gun Shooting Championship, 2016 as similarly situated persons have been granted out of turn promotion. 3. The factual exposition as has been delineated in the writ petition is that the petitioner was appointed as a constable in the year, 2005 and presently he is working in Special Branch, Jharkhand. In the year, 2015, the petitioner passed PTC Examination and in the year, 2016, the petitioner participated on behalf of the department, in National Air Gun Shooting Championship, 2016 held at Aurangabad, Maharastra, wherein, the petitioner won Gold Medal individually in 50 meters Rifle Shooting Competition and Silver medal with his Team. In pursuant to his achievement, the respondent No. 3 recommended his case for consideration for out of turn promotion as the petitioner has performed extra ordinarily by winning Gold Medal. Thereafter, the petitioner was considered and granted promotion to the post of Head Constable and was posted at Jamshedpur. Aggrieved thereto, the petitioner made a detailed representation on 11.01.2018 before the respondent No. 2 stating therein that the case of the petitioner has wrongly been considered and as such, he ought to have been considered/promoted to the post of Assistant Sub-Inspector of Police instead of Head Constable as similarly situated persons have been considered for promotion to the post of Assistant Sub-Inspector of Police and though the petitioner fulfills all the requisite qualification has not been considered for out of turn promotion to the post of Assistant Sub-Inspector of Police and no reasons have been assigned by the respondents. 4. It is the specific case of the petitioner that similarly situated persons have been considered and granted promotion to the post of Assistant Sub-Inspector of Police, who fulfill the requisite qualifications and also the terms and conditions for grant of out of turn promotion as per Rule 660 (C) and Amended Rules of Police Manual. 4. It is the specific case of the petitioner that similarly situated persons have been considered and granted promotion to the post of Assistant Sub-Inspector of Police, who fulfill the requisite qualifications and also the terms and conditions for grant of out of turn promotion as per Rule 660 (C) and Amended Rules of Police Manual. As the case of the petitioner was wrongly considered, the petitioner represented before the respondents but no heed was paid and as such, the petitioner was constrained to knock the door of this Court for redressal of his grievances. 5. Mr. Ajit Kumar, learned counsel appearing on behalf of the petitioner submits that the case of the petitioner is a fit case for consideration for out of turn promotion to the post of Assistant Sub-Inspector of Police. The petitioner has already passed PTC Examination and thereafter, his Grade Pay has been upgraded to Rs. 2400/- and after grant of promotion from the post of Constable to Hawaldar, the petitioner's Grade Pay will be Rs. 2400/- itself which means that virtually, there will be no pay benefits to the petitioner on account of out of turn promotion. Learned counsel further argues that the petitioner cannot be discriminated as similarly situated persons have already been considered after intervention of this Hon'ble Court and the case of the petitioner is also at similar footing to that writ petitioners and as such, a direction may be given to the respondents to reconsider his case for out of turn promotion. 6. Per contra, no counter-affidavit has been filed. Mr. Anshuman Kumar, learned AC to Advocate General appearing on behalf of the respondents vehemently opposes the contentions of the learned counsel for the petitioner and submits that promotion is not a right of the petitioner and he has already been considered and granted out of turn promotion in view of Rule 660(C) of the Police Manual and promotion on a particular post cannot be granted as a matter of right or wish of the petitioner. Learned counsel further argues that there is no illegality on the part of the respondents and justifies the stand of the respondents. 7. Learned counsel further argues that there is no illegality on the part of the respondents and justifies the stand of the respondents. 7. Be that as it may, having gone through the rival submissions of the parties, this Court is of the considered view that consideration has not been done in a proper perspective, though the petitioner is considered for promotion but he has not been considered as per Statutory Provisions envisaged in the Police Manual. As the petitioner has already cleared the PTC Examination and he fulfills all the requisite qualification for promotion to the post of Assistant Sub-Inspector of Police, he cannot be promoted to the post of Head Constable. There is a specific rule for promotion to the post of Head Constables. The issue fell for consideration before this Court and upon consideration this Court directed the respondents to consider the case of the similarly situated persons, who were granted promotion to the post of Head Constable though they deserve to be promoted to the post of Assistant Sub-Inspector of police. After intervention of this Court in W.P.(S) No. 4506 of 2017, the respondents have considered the same and issued order of out of turn promotion to the post of Assistant Sub-Inspector of Police. As the petitioner fulfills all the requisite qualification for promotion to the post of Assistant Sub-Inspector of Police, I hereby direct the respondents to consider the case of the petitioner in accordance with law, in view of the order passed in W.P.(S) No. 4506 of 2017 and also in view of the Rules and conditions laid down in the Police Manual. 8. Let the entire exercise be completed within a period of six weeks from the date of receipt of a copy of this order. It goes without saying that if the petitioner is found entitled for the said promotion, an order to that effect shall be passed within a further period of three weeks. 9. With the aforesaid observation, directions and judicial pronouncement, the writ petition stands disposed of.