Court No. - 6
Case :- WRIT - A No. - 23037 of 2018 Petitioner :- Ramesh Chandra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Undisputedly the petitioner was appointed as Head Constable on 30 May 2016. In terms of Rule 17 of the 2015 Rules, Head Constables become eligible for promotion on the basis of seniority subject to rejection of the unfit on completion of three years of service as a Head Constable.
It is not disputed before this Court that the petitioner is yet to complete three years of service as a Head Constable. Consequently the relief as claimed cannot possibly be granted. The submission of learned counsel that the petitioner should be sent to undergo the physical efficiency test prior to completion of three years cannot possibly be countenanced in light of the language of clause-a of Rule 17(1). The claim of the petitioner would arise only once he completes the period of three years. The petition has been preferred prematurely and is consequently dismissed at this stage.
Order Date :- 27.10.2018 faraz