- (1.) HEARD Shri Shri Shashi Nandan, Sr. Advocate assisted by Shri Sudeep Harkauli and Shri V.K. Upadhyay for the petitioners. Shri Satish Chaturvedi, Addl. Advocate General assisted by Shri M.C. Chaturvedi, Chief Standing Counsel; Shri Y.K. Srivastava and Shri S.P. Srivastava, State Counsels appear for the State respondents.
(2.) THE petitioners are serving as Sub Inspectors in Civil Police in the State of U.P. The petitioner Nos. 9 and 10 were appointed in 1980 -81 batch. The petitioner Nos. 1 and 2 were appointed on 15.10.1982. The petitioner Nos. 3, 4, 5, 6 and 8 were appointed on 16.1.1984 and petitioner No. 7 was appointed on 15.10.1982. By this writ petition the petitioners have prayed for directions to quash the order dated 31.10.2009, issued by the U.P. Police Services Recruitment and Promotion Board, initiating process for filling up 1340 vacancies of the year 2005 (47); 2006 (98); 2007 (81) and 2008 (1114) for promotion from the post of Sub Inspector, Civil Police to the post of Inspector, Civil Police in accordance with the U.P. Sub Inspector and Inspector (Civil Police) Service Rules, 2008 (In short the Rules of 2008) as amended by First Amendment to the rules of the year 2009 notified on 2.4.2009. They have also prayed for writ of mandamus restraining the respondents from initiating any process of selection for promotion to these vacancies and also the vacancies, which exist prior to 2.12.2008, and to consider their claims for promotion in accordance with Government Order dated 5.11.1965 under Section 2 and Section 46(2) of the Indian Police Act, 1841.
(3.) BRIEF facts giving rise to the writ petition are that all the petitioners serving as Sub Inspector, Civil Police claim to be qualified and eligible for the vacancies of Inspectors in Civil Police upto 2.12.2008, to be filled up in accordance with the Government Order dated 5.11.1965. They have put in more than 10 years of service as substantive Sub Inspectors. Prior to the enforcement of the Rules of 2008 the Government Order dated 5.11.1965 provided for sending the names of all eligible persons, with not less than 10 years of service as such, and are below 50 years of age on the first of January of every year from the Ranges to the Police Headquarter. The Range Deputy Inspector General of Police was required to prepare separate lists of those Sub Inspectors, who were considered suitable for officiating promotion in order of seniority and those, who are not considered fit for officiating promotion with brief reasons. The Departmental Selection Committee was, thereafter, required to consolidate the list and call for interview, four times the numbers of Inspectors required to be approved for officiating promotion. On the accruals of substantive vacancies the appointment was to be made from amongst the candidates on the approved list on the basis of suitability. The names of candidates passed over, were required to be considered for subsequent selections with no further interview for filling up substantive vacancies. The candidates selected were to be placed on probation under Para 403(3) of the Police Regulations.;