HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH Court No. 6 Writ Petition No. 9519 (SS) 2006 Lallu Ram...........................vs...................State of U.P. and others.
Hon'ble Shabihul Hasnain, J Heard Sri Virendra Singh, learned counsel for the petitioner and the learned standing counsel.
The case of the petitioner, as set out in the writ petition, is that he is a player/ sportsman of outstanding category. The petitioner participated in the North Zone Tournament of 39th All India Police Games held from 19th December to 26th December, 1989 at Jammu & Kashmir and obtained different medals in the All India Police Games. The petitioner further participated in the 39th of All India Police Games held from 18th March to 25th March, 1990 at New Delhi. He has represented Uttar Pradesh and secured third position in JUDO and thereby obtained Bronze medal in the aforesaid All India Police Games. He secured first position in Judo representing Uttar Pradesh. The petitioner also participated and secured second position in Judo in North Zone Tournament of 37th All India Police Games held at B.S.F. Campus Chawala, New Delhi from 25th October to 31st October, 1987.
In view of the aforesaid achievement of the petitioner, Deputy Inspector General of Police, Police Training College, Kalimitti, Unnao, made recommendation for the petitioner's promotion, to the Secretary, U.P. Police Sport Control Board cum Deputy Inspector of Police North Zone, P.A.C., Lucknow. But, his claim has not yielded any result.
The petitioner says that similarly situated persons filed writ petition, No.322(SS) 1995 Rudra Narayan Gaur vs. State of U.P. and W.P. No. 5040(SS) of 1997 Surendra Yadav vs. State of U.P. and others. This Court allowed the said writ petition and directed the opposite parties to grant promotion to the petitioner on the next higher post by allowing exemption from the requirement of process of selection.
Attention has been drawn towards annexure no. 4 where resolution was adopted on 19.1. 1991 under the Chairmanship of Director General, P.A.C., U.P. that the outstanding sportsmen should be encouraged by granting them out of turn promotion under Regulation 455 read with 191 of Police Regulation, within thirty days. Petitioner says that he is identically situated and while benefit has been granted to Surendra Yadav, he has been left high and dry.
It will not be out of place to note that the Nation has yet not recovered from shock and shame of the Common Wealth Games scam. Widespread corruption in the field of sports and its management invited wrath and scorn of the common man in India. Public outcry was deafening. The Courts do not exist in vacuum. They do take cognizance of these facts. The prestige and pride of the Nation is Court's concern as well. In the aforesaid games, humiliation for corruption was turned into jubilation. and dark clouds of hopelessness, were cracked only by the winning streak of players in the Games. National depression was lifted only with the lifting up of the Gold medals one after other by the players. It were the players who brought laurels to the Country and not the Government. Discouragement to the players will amount to disrespect of the national ethos. Discriminating one player against the other, will only add insult to injury.
The Government, under these situations, will be well advised to give due respect to the players and provide incentives to the achievers, on the basis of their hard work, honesty, dedication and commitment towards excellence. This is one of the fundamental duties of every individual as given in Article 51-A of the Constitution of India. This is the only hope and respite to the coming generation. By putting premium on the talent, honesty and dedication, we can assure the future generation of this Country; that we are well committed to the national pride and excellence.
Even otherwise, the petitioner has got a case in law. He is entitled to the benefit of the order passed in W.P. No. 5040(SS) 1997, which was allowed by this Court on 19.12.2000. It has been informed that the order has been complied with and has not been set aside in special appeal.
One more petition of identical and similar nature has been allowed vide judgment and order dated 16.3.2002 passed in W.P. No.10232(SS) of 2001, in pursuance thereof, the State Government has granted out of turn promotion to, as many as five persons; namely; Head Constable Angan Kumar Singh, Mithlesh Kumar Rai, Brij Kishore Sahu, Dhramendra Kumar Singh and Veerpal Singh, vide order dated 18.7.2002 passed by Director General of Police, U.P., Lucknow, and they have been posted to the post of Platoon Commander. The petitioner says that he has been attended with hostile discrimination in the matter of granting promotion.
The writ petition is, thus, allowed in terms of the order passed in the case of the writ petitions mentioned above, specifically Surendra Yadava vs. State of U.P., in W.P. No. 5040(SS) 1997. The benefit of the order may be given to the petitioner within a period of six weeks from the date a certified copy of the order is placed before the competent authority.
Sadiq/-
24.11.2010