Decided on August 08,1973



- (1.) The petitioner is the Deputy Superintendent of Police, Handwriting Bureau, attached to the Criminal Investigation Department of the Police Service of Orissa. He is a Science graduate and has also a degree in Law to his credit. In July, 1945 he was recruited to Government service as a Laboratory Assistant and was confirmed in the said post in due course. He had got promoted as an Assistant Demonstrator in the Chemistry Department of the Ravenshaw College by the time in 1949, he came to be appointed as a Sub-Inspector of Police attached to the Police Laboratory. His order of appointment (Annexure-1) shows that he was to be sent outside the Province for training in the examination of questioned documents and in the use of scientific apparatus used in Criminology and was to be promoted to the rank of Inspector on completion of his above training after his expert knowledge was tested in Court. The petitioner underwent a course of training at Poona and was promoted as Inspector on 1-8-1951 and got confirmed in the said post with effect from 1-8-1953. It is asserted that the post of Inspector of Police, Hand-writing Bureau, C. I. D. (Criminal Branch) is a cadre post and such Inspector is eligible for promotion as a Deputy Superintendent of Police in the general Police cadre. On 10-10-1947, the State Government had declared that all Inspectors were eligible for promotion to the rank of Deputy Superintendent of Police, This declaration of Government was reiterated on 9-9-1957 (vide Annexure-3). In the unified Gradation List of Inspectors printed in 1959, the petitioner was shown against the 55th place. In 1960, the petitioner appeared before the Selection Board for promotion as Deputy Superintendent of Police. He was, however, not recommended whereupon a representation was made by the petitioner to the Inspector General of Police on 29-9-60. Five persons who were junior to him were promoted as Deputy Superintendents of Police but as they have all retired, they have not been impleaded in the writ application. On January 8, 1962, the petitioner was promoted to the rank of Deputy Superintendent of Police and placed in charge of the Hand-writing Bureau. The petitioner was shown in the cadre of Deputy Superintendents of Police in the Civil List of May, 1962. But after that year for reasons best known to Government, the petitioner has been shown to be holding an excadre post of Deputy Superintendent of Police, The petitioner made several representations to the Inspector General of Police as well as the State Government when he found that he was omitted from consideration without any justification when chances of promotion came. The opposite party No. 3, who was a Reporter Inspector had been promoted as Deputy Superintendent of Police (General cadre) and was about to be considered for further promotion to the Indian Police Service, when the petitioner ultimately came before this Court asking for a writ of mandamus to Government directing them to consider him for promotion along with other Deputy Superintendents of Police shown in the General cadre of Police Service. The petitioner does not ask for any relief as against opposite party No. 3.
(2.) Before us on both sides several affidavits have been filed. As from time to time new allegations were made on both sides and upon discovery of documents being granted new materials came to light, we gave full opportunities to the parties to place their entire case by filing of these affidavits.
(3.) The case made out by the opposite parties is that inclusion of the post of Deputy Superintendent of Police, Hand-writing Bureau in the general cadre was a mistake and accordingly the mistake has been rectified in 1964. It is conceded that the petitioner had been shown while he was holding the post of Inspector and also the post of Deputy Superintendent of Police in the general cadre. It is also conceded that there were several orders from time to time passed treating the said service as a part of the general police Service, but when the mistake was realised, the rectification was ordered. It is claimed that Government as employer has jurisdiction to do so and the employee is not entitled to question that authority of the employer-Government. It is next contended that the qualification and efficiency required for the Hand-writing Bureau is different from that of a Police Officer in the general line and the distinction made, therefore, is on the basis of admissible qualification. The contention of the petitioner that there is discrimination is thus refuted. It is stated that the post of Deputy Superintendent of Police, Hand-writing Bureau, has been declared as a permanent ex-cadre post by Government order dated 18-3-1964 and the petitioner has therefore, been rightly shown in the ex-cadre post of Deputy Superintendent of Police, Hand-writing Bureau. He cannot claim to be in the general line.;

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