Heard learned counsel for the petitioners and learned standing counsel for the respondents-State.
The petitioners herein are constables/ head constables in the U.P. Police. They are claiming the benefit of the order of the Supreme Court dated 15.07.2014 passed in S.L.P. No.8400 of 2008, which reads as under:
"Heard learned counsels for the parties.
Leave granted.
All interlocutory applications are allowed.
We are not inclined to go into the merits of these appeals in view of the subsequent developments noted below:
The Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service (Seventh Amendment Rules 2013) has comprehensively altered the promotion criteria from the cadre of Head Constables to that of Sub-Inspectors of police. The new Rules not only do away with the ceiling with regard to age (40 years) that was stipulated by the earlier Rules; even the written examination, interview etc. have all been dispensed with by the new Rules. Specifically under Rule 16 of the 2013 Rules, the promotion criteria is one of the seniority and it is only those who are unfit, who would not be promoted. All candidates are required to be physically fit which determination is to be made on the basis of a 3.2 km run to be completed in 35 minutes for male candidates, and 25 minutes for female candidates (for 2.4 kms). Thereafter, the candidates are required to be arranged in order of seniority and subject to not being found unfit for promotion are to be promoted.
The earlier Rules 2008 having been done away with and there being huge number of vacancies against the promotional quota (2500 approximately), we are of the view that all these appeals may now to be disposed of by directing the State of U.P. to initiate and complete the process of promotion of all eligible candidates, including the appellants to the cadre of Sub-Inspector under the Rules of 2013 within a period of three months from today.
We have noticed that under the Rules of 2013 only Head Constables are eligible for promotion to the post of Sub-Inspector whereas under the earlier Rules even constables were so eligible. In this regard, it is stated by Mr. Gaurav Bhatia, learned Additional Advocate General, Uttar Pradesh, that such of the appellants who may have been constables earlier, by this time, must have been promoted to the post of Head Constable in view of the huge number of vacancies in the cadre. Notwithstanding the above, we further direct that, in the event, any of the appellants, who are still holding the post of Constable and have not been promoted to the post of Head Constable, their cases for promotion to the post of Head Constable will be finalised before the directions of this court with regard to promotion to the post of Sub-Inspector for the cadre of Head Constable is given effect to.
The appeals are disposed of in terms of the above."
The Supreme Court in the aforesaid case was seized with the issue relating to the promotion to the post of Sub-Inspector as per amended Government Rules. Considering the fact that under the earlier scheme of the Rules, constables as well as head-constables were eligible for promotion, the Supreme Court provided that before filling up the post of Sub-Inspector in terms of its directions, the respondent, i.e. State of U.P., shall consider the cases of eligible constables for promotion to the post of head-constables.
In the light of the aforesaid, learned counsel submits that those petitioners, who are still working as constables, are entitled to be so considered for promotion as head constable before any promotion is made on the post of sub-inspectors from head-constables. Learned counsel for the petitioners has placed before the court an order dated 15.09.2014 passed in Writ-A No.49462 of 2014, whereby, a similar matters has been disposed of by this court. The said judgment is quoted hereinbelow:
"Heard counsel for the petitioners and learned standing counsel appearing on behalf of the State respondents. With their consent, this writ petition is being disposed of finally without inviting counter affidavit.
The petitioners, who are Head Constables and Constables, are claiming promotion to the post of Sub Inspector/Head Constable. Under Rule 16 of the Uttar Pradesh Sub Inspector and Inspector (Civil Police) Service (7th Amendment) Rules, 2013 the criteria for promotion is seniority subject to rejection of unfit. The candidates are also required to be physically fit, which is determined on the basis of 3.2 kilometers run to be completed in 35 minutes for male candidates and 25 minutes for female candidates for covering a distance of 2.4 kilometers. Thereafter, the candidates are required to be arranged in the order of seniority and subject to not being found unfit for promotion, they are promoted.
The submission of learned counsel for the petitioners is that in Civil Leave to Appeal (C) No.8400 of 2008, the Apex Court by judgment and order dated 15.7.2014 has issued the following directions:-
" The earlier Rules 2008 having been done away with and there being huge number of vacancies against the promotional quota (2500 approximately), we are of the view that all these appeals may now to be disposed of by directing the State of U.P. to initiate and complete the process of promotion of all eligible candidates, including the appellants to the cadre of Sub-Inspector under the Rules of 2013 within a period of three months from today.
We have noticed that under the Rules of 2013 only Head Constables are eligible for promotion to the post of Sub-Inspector whereas under the earlier Rules even constables were so eligible. In this regard, it is stated by Mr. Gaurav Bhatia, learned Additional Advocate General, Uttar Pradesh, that such of the appellants who may have been constables earlier, by this time, must have been promoted to the post of Head Constable in view of the huge number of vacancies in the cadre. Notwithstanding the above, we further direct that, in the event, any of the appellants, who are still holding the post of Constable and have not been promoted to the post of Head Constable, their cases for promotion to the post of Head Constable will be finalised before the directions of this Court with regard to promotion to the post of Sub-Inspector for the cadre of Head Constable is given effect to"
He thus submits that the case of the petitioners are also required to be considered by the respondents as per the directions issued by the Apex Court. However, the apprehension of the petitioners is that they will be left out from consideration as they have not approached the Apex Court.
Learned standing counsel, on basis of specific instructions, submits that in pursuance of directions of the Apex Court, the U.P. Police Recruitment and Promotional Board, Lucknow had already prepared a list of constables according to their seniority and promotions are being granted on the basis thereof. It is submitted that the case of the petitioners will also be considered according to the seniority list so prepared. He submits that constables recruited till 31.12.1981 have already been granted promotion.It is further pointed out that by letter dated 2.9.2014, exercise for enforcement of the judgment of the Apex Court, is already in progress, and all persons, including the petitioners will be duly considered.
After considering the submissions made by learned counsel for the parties, I am of the opinion that interest of justice would be served in disposing of this writ petition by providing that the respondents shall consider the case of the petitioners for promotion in accordance with law and keeping in mind the directions given by the Apex Court in its judgment dated 15.7.2014 passed in Special Leave to Appeal (C) No.8400 of 2008.
Subject to aforesaid observations, writ petition stands disposed of."
In view of the aforesaid, it is provided that if the petitioners are eligible in terms of the order of the Supreme Court for being considered for promotion to the post of head-constable, then the petitioners, who are constables, their cases shall be considered for such promotion within a period of three months from the date a certified copy of this order is produced before the competent authority, if not already considered.
So far as the head constables are concerned, in terms of the order of the Supreme Court, their cases for promotion to the post of Sub-inspector can only be considered after promotion of constables to the post of head-constables is completed. It is accordingly provided that as and when the same is completed, the petitioners, who are working as head constables and if they are eligible for such consideration, their cases shall also be considered at an appropriate time.
With the aforesaid observations, the writ petition is disposed of.
It is made clear that this court has not adjudicated the merits of the claim of the petitioners for promotion to the respective posts and it shall be open for the authorities to do so as per law and the directions referred hereinabove.
Order Date :- 25.9.2014 SKS