HC K ANGOU SINGH OF MANIPUR POLICE Vs. STATE OF MANIPUR
LAWS(GAU)-1994-7-1
HIGH COURT OF GAUHATI
Decided on July 01,1994

HC K.ANGOU SINGH OF MANIPUR,NGAMSAT KUKI,T.JACOB TANGKHUL,T.KAMJATHANG PAITE Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

- (1.)1. There are thirteen (13) petitioners in Civil Rule 411/1991. The petitioners in Civil Rules 572/1991, 581/1991 and 582/1991 belong to Scheduled Tribes of the State of Manipur. They all claim promotion to the posts of Assistant Sub-Inspector on the ground that following the hundred point poster they all stand entitled to get promotion in terms of the quota allotted to them under the relevant provisions of law in this regard. The petitioners 1 and 2 in Civil Rule 411/91 were appointed as Police Constable on 23.2.1964 and 9.10.1965. They were promoted to the post of Head Constable on 9.8.1972. Petitioners 3 to 13 also were promoted to the post of Head Constable on 10.11.78. It may be stated that all the petitioners are under-Matriculate Head Constable. The next higher promotion from the post of Head Constable is Assistant Sub-Inspector. The petitioners claim that in terms of Standing Order No. 69 dated 5th July, 1978, they all stood entitled for promotion to the post of A.S.I. after they had put in four (4) years regular service as Head Constable.
(2.)Thereafter recruitment rules for the post of A.S.I. came into force w.e.f. 14.12.1983. In terms of the said recruitment rules, 75% of the posts shall be filled up by promotion and 25% by direct recruitment. At the time of Notification of the said recruitment rules there were 204 posts of A.S.I., All the petitioners in all the above Civil Rules claim the post of A.S.I, by promotion. Out of the 75% posts of A.S.I. to be filled up by promotion, the following ratio has been laid down in the said recruitment rules of 1983 in the following manner :-
"(1) 35% of the total sanctioned strength/posts shall be filled from Graduate Constables having 3 (three) years regular service in the grade and Graduate Head Constables having 3 (three) years regular service as Constable (in computing the period of 3 (three) yrs. the period of service rendered as Constable on regular basis shall be taken into account in case he/she is a Graduate; and having qualified by passing the Pre-Promotion Cadre Course of 4 (four) months duration prescribed by the I.G.P.

(2) 40% of the total sanctioned strength/posts shall be filled from Head Constables having 3 (three) years regular service in the grade and Matriculate Constables having 5 (five) yrs. regu- lar service in the grade, under Matriculate having 8 (eight) yrs. regular service in the grade and having qualified by passing the Pre-Promotion Cadre Course."

(3.)The petitioners contend that they all have passed Pre-Promotion Cadre Course conducted by the Department.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.