Court No. - 16
Case :- WRIT - A No. - 5984 of 2018 Petitioner :- Bhagwan Singh Bist Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kailash Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Before proceeding further, it would be appropriate to refer to the earlier orders passed in this petition. On 27.2.2018, following orders were passed:-
"As prayed, put up this matter on 6.3.2018 as fresh to enable the learned Standing Counsel to seek specific instruction in the matter and may also produce the document which may indicate as to from 2015 uptill now on which post the petitioner has been working and whether he is working in the Armour Cadre or in Civil Police".
Again on 6.3.2018, following orders were passed:-
"As prayed, put up on 19.3.2018 as fresh.
In the meantime, learned standing counsel will seek instructions in the matter as to how the petitioner who was a constable armourer has been promoted to the post of Head Constable Civil Police against the rules of Uttar Pradesh Armourer Branch Subordinate Officers Rules, 2016".
After hearing learned counsel for the parties, this Court deferred the matter for 10 days in order to enable the respondent to conduct the inquiry, which was stated to be pending. The order dated 19.3.2018 is also reproduced:-
"Pursuant to the orders passed on the previous occasion, learned Standing Counsel has obtained instructions. It is stated that the petitioner had voluntarily applied for promotion to the post of Head Constable in Civil Police and his claim accordingly was considered and an inquiry is being initiated as to how the petitioner could be promoted as Head Constable in Civil Police.
Learned counsel for the petitioner, in reply, submitted that at the time when he had applied for promotion, there were no separate rules in respect of Armorar in police department and that such rule came into force in June, 2016 for the first time segregating the Armorar from Civil Police. It is made made clear that petitioner's promotion was pursuant to Rule of 2015. Submission is that for the fault of the respondent, petitioner cannot be made to suffer.
Learned Standing Counsel then submits that the matter is being inquired into, by the authority concerned. Prayer is made to adjourn the proceedings for 10 days.
Post as fresh on 30.3.2018".
Learned Standing Counsel has obtained instructions from the Senior Superintendent of Police, Saharanpur and also from Senior Superintendent of Police, Muzaffar Nagar where the petitioner is presently working. As per the inquiry report send by the office of the Senior Superintendent of Police,Saharanpur, petitioner was promoted to the post of Head Constable in Civil Police. Contrary to such stand the Senior Superintendent of Police, Muzaffar Nagar, has certified that the petitioner is working as Armourer since 28.6.1990 and has completed the pre basic selection between 1.3.1990 to 1.5.1990. Petitioner has also completed the Armourer course conducted by the Services in the year 2002. Admittedly, petitioner is working at District Muzaffar Nagar and the authorities of the district have certified that the petitioner has been appointed as Armourer and has been working continuously as such, till date.
In view of the aforesaid position, this Court finds substance in the petitioner's contention that he is working as Armourer and his promotion to the post of Sub Inspector in Armourer is liable to be considered. Petitioner had, otherwise, been sent for training on 9.1.2018 by the office of the Addl. Director General of Police to the post of Sub Inspector, Armourer. He, however, has not been relieved for training on the ground that he is a person of civil police.
In view of the admitted facts brought on record by the respondents, since the petitioner has been working as Armourer, the respondents are not justified in withholding the petitioner from being sent to training for the post of Sub-Inspector (Armourer).
In view of the aforesaid, this petition stands disposed of with a direction upon the respondent no. 2 to treat the petitioner as Head Constable, Armourer, and thereby send him for training, pursuant to the order dated 9.1.2018.The required order, in this regard, shall be passed within a period of four weeks from today.
Photocopy of the instructions received from Senior Superintendent of police of both the districts be kept on record.
Order Date :- 30.3.2018 n.u.