Court No. - 38
Case :- WRIT - A No. - 14137 of 2019 Petitioner :- Pramod Kumar Dubey And 14 Others Respondent :- Union Of India And 19 Others Counsel for Petitioner :- Azad Khan,Matiur Rehman Khan Counsel for Respondent :- Vikash Chandra Tripathi
Hon'ble Ashwani Kumar Mishra,J.
Learned counsel for the petitioners is permitted to correct the description of respondent no.3 in the array of parties to the writ petition.
While entertaining the writ petition, following orders were passed on 17.9.2019:-
"Submission is that respondents have not acted fairly in considering the claim of promotion of respondent nos. 5 to 20 while overlooking the petitioner's claim.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 30.9.2019."
Sri V.C. Tripathi, learned counsel appearing for the respondent nos.1 to 4 has obtained instructions and has been heard.
Considering the nature of the order proposed to be passed, notices need not be issued to respondent nos.5 to 20, and the writ petition is being disposed of, at this stage itself. Liberty, however, stands reserved to said respondents to apply for recall of the order, in case they are so advised.
Petitioners, who are 15 in number, are posted in Railway Protection Force as Constable. They have approached this Court with the grievance that their seniority has been overlooked in the matter of promotion to the post of Head Constable. It is stated that number of persons, who have been appointed either with the petitioners or after petitioners have been promoted overlooking their claim, although there existed no materials adverse on record against them.
Sri V.C. Tripathi, appearing for the respondent nos.1 to 4 pointed out that by virtue of Rule 99.2 of the Railway Protection Force Rules, 1987, police personnel, who are transferred from one Division to another, would have to be placed at the bottom of the seniority and their previous working would not be taken note of for the purposes of considering their claim for promotion. It is also submitted that since petitioners were transferred from one Zone to another, as such they have been placed at the bottom of the seniority and they cannot claim benefit of their previous seniority in the mater of promotion.
In reply, it is submitted by counsel for the petitioners that many of those, who have been promoted, were also transferred alongwith the present petitioners, pursuant to the same order of transfer. It is stated that though they have been considered for promotion but a discriminatory treatment has been offered to the present petitioners while overlooking their claim.
The facts would have to be verified as to whether persons, who were transferred vide same transfer list, have been promoted overlooking the petitioners' claim for transfer.
In the facts and circumstances, noticed above, it would be appropriate to permit the petitioners to represent their grievance before respondent no.3, annexing therewith all materials which they intend to rely upon in support of their claim, alongwith certified copy of this order, within three weeks from today. The concern respondent shall afford an opportunity of hearing to the respondent nos.5 to 20 and after ascertaining correct facts would proceed to pass an appropriate order, in respect of petitioners' claim for promotion, within a further period of three months, thereafter.
It is made clear that this Court has not adjudicated the claim of petitioners on merits, and all issues are left open to be considered by the authority concerned, at the first instance.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 30.9.2019 Anil