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Gujarat High Court · body

2019 DIGILAW 953 (GUJ)

Jagjitbhai Mandanbhai Kihor v. State of Gujarat

2019-10-17

N.V.ANJARIA

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ORDER : N.V. Anjaria, J. 1. Heard learned advocates for the petitioners in the respective petitions, learned Government Pleader Ms. Manisha Lavkumar with learned Assistant Government Pleader Mr. Manan Mehta for the respondent - State and its authorities. 2. In all these petitions, the prayers were similar and the grievance was same. The petitioners who were Assistant Sub Inspectors, applied for appointment by way of Mode-3 promotion to the post of Police Sub Inspector pursuant to advertisement dated 15th April, 2017 issued by the Director General of Police, Gujarat. 3. What the petitioners prayed in their respective petitions was to direct the respondent authorities to permit the petitioners to appear in the departmental examination and in all subsequent stages for the promotion to the post. In the advertisement it was provided on the basis of the Rules which governed the process, that the candidates concerned should have minimum experience of 40 months as Assistant Sub Inspectors as on 30th April, 2017. 3.1. The rules called Police Sub Inspector (Unarmed) Class-III Recruitment Rules, 2008 framed in exercise of powers under Section 5(6) of the Bombay Police Act, 1951, inter alia, Rule 2 of the Rules deal with the manner of appointment. It is provided in sub-rule (1) that appointment to the post of Police Sub Inspector (Unarmed), Class-III in the Gujarat State Police Service can be made by way of promotion of a person of proved merit and efficiency from amongst the persons who have worked for not less than five years in the cadre of Assistant Sub Inspector (Unarmed), Class-III in the Gujarat State Police Service. Thus, the Rule provided for minimum experience of 60 months on the post of Assistant Sub Inspector as a requisite criteria of experience for consideration for promotion to the post of Police Sub Inspector. The Proviso to the Rule permitted the competent authority - Director General & Inspector General of Police to relax the criteria upto two-third, that is upto 40 months. 3.2. On the basis of the Proviso to Rule as above, criteria of 60 months came to be relaxed to 40 months, due to which the petitioners' stood ineligible, and they filed the present petitions. The petitioners had undergone the physical test and other examinations in recruitment process, but due to their non-matching with the experience criteria as per the prescription in the advertisement, their case was not considered. 3.3. The petitioners had undergone the physical test and other examinations in recruitment process, but due to their non-matching with the experience criteria as per the prescription in the advertisement, their case was not considered. 3.3. The recruitment and the departmental examination in question was in respect of the year 2016-17. The advertisement was given for total 401 vacancies. Learned Government Pleader stated that result of total 220 candidates were kept in sealed cover pursuant to interim orders passed by the Court in the petitions. 4. The petition involving the case of similarly situated petitioner of one Gauttambhai Danabhai Parmar, Assistant Sub Inspector v. State of Gujarat being Special Civil Application No. 8808 of 2017 was subjected to an order disposing of the same, in view of the policy decision taken by the State Government declared before the Court that the Government had decided to grant promotion to all the candidates who have now completed 40 months on the post of Assistant Sub Inspector. 4.1. Order dated 19th February, 2019 passed in Gauttambhai Danabhai Parmar (supra) recorded thus, extracting only the operative paragraphs. "4. When the matter came up for consideration today, it was stated on behalf of the State Government by learned Government Pleader that a policy decision is taken for all those 220 candidates appeared in the departmental examination that since the said candidates have now completed the experience of 40 months on the post of Assistant Sub Inspector, they would be treated as eligible if have completed 40 months experience and have passed in the departmental examination. It was stated that some of the candidates concerned are on the verge of retirement. Learned Government Pleader made a statement that all such petitioners candidates would be considered for promotion to the post of Police Sub Inspector. 5. Thus, in view of the statement made by learned Government Pleader, the State Government has now relaxed the experience criteria for all those petitioners who had appeared in the departmental examination pursuant to this Court's interim order as above, but at the relevant time not possessing the requisite experience of 60 months, that all these petitioners who have completed 40 months of experience would be considered for their promotion. 6. In view of the above statement and the position emerging as per the decision taken by the State Government, this petition does not survive for further consideration. 6. In view of the above statement and the position emerging as per the decision taken by the State Government, this petition does not survive for further consideration. The same is disposed of accordingly. Notice is discharged." 4.2. While the aforesaid petition was disposed of as above since the petitioner thereof fulfills the criteria of 40 months' experience as on that date, uncertainty and vagueness still persisted in the policy-stand declared by the governmental authorities as to which date is to be counted for the purpose of the juncture of completion of 40 months experience as Assistant Sub Inspector. 5. In course of the previous hearings of the petitions, learned Government Pleader produced copy of office order dated 28th February, 2019 issued from the office of Director General of Police, Gandhinagar wherein it was mentioned with reference to the orders passed in the present batch petitions as well as with reference to order dated 19th February, 2019 in Special Civil Application No. 8808 of 2017 that all those candidates who had cleared the physical test and thereafter cleared objective and written test in the recruitment process and who have completed 40 months on the post of Assistant Sub Inspector to accordingly complete 40 months' experience as on the date of the issuance of the instant order, that is as on 28th February, 2019, they would be entitled to the promotion. Thus, relaxation was given for the purpose of counting completion of 40 months to be reckoned at the juncture of 28th February, 2019. 5.1. In view of the above police decision reflected in order dated 28th February, 2019, the grievance of all the petitioners who completed 40 months on the post of Assistant Sub Inspector on 28th February, 2019 and who had passed the requisite tests, became eligible to be promoted, rendering their petitions liable to be disposed of as not surviving. The said order dated 28th February, 2019 was placed and is taken on record. 6. Learned advocate for the petitioners had however submitted that still another policy decision of the State Government was in the offing. 6.1. The said order dated 28th February, 2019 was placed and is taken on record. 6. Learned advocate for the petitioners had however submitted that still another policy decision of the State Government was in the offing. 6.1. Today when the petitions came up for consideration, communication dated 09th October, 2019 from the Deputy Secretary, Home Department, addressed to the Director General of Police, Gandhinagar, was produced on record wherein policy decision was reflected in form of instructions to the office of Director General of Police that all those candidates who have passed the departmental promotion examination and who have got five years as Assistant Sub Inspector and who fulfilled the requirement of 40 months' experience, would be considered for being appointed to the post of Unarmed Police Sub Inspector if they satisfy other eligibility conditions. This letter is taken on record. 6.2. In view of the above decision reflected in communication dated 09th October, 2019, learned advocate for the petitioners as well as learned Government Pleader submitted with unanimity that the aforementioned policy decision reflected in order dated 28th February, 2019 as well as subsequently taken as per above communication dated 09th October, 2019, takes care of the grievance of all the petitioners in the captioned petitions. Accordingly, the petitions would not survive for consideration on merits as all the petitioners would covered by the policy decisions. 6.3. In view of the above position emerging on account of policy decisions taken by the State Government, the petitions are disposed of. It goes without saying that the State authorities would act as per the policy they have adopted as above for considering the case of the petitioners to the post of Police Sub Inspector. 7. All the petitions stand disposed of in the above terms and as per the above observations. Notice is discharged in each of the petitions subject to the above observations.