ANJANI KUMAR,J. - (1.) THE petitioner, by means of present writ petition under Article 226 of the Constitution of India,1950 challenges the order passed by the Respondent No. 2 dated 7th October, 2002, copy whereof has been annexed as Annexure -4 to the writ petition.
(2.) THE facts in brief are that the petitioner, who has been appointed as Sub -Inspector of Police in February, 1982, according to the allegations made in the writ petition, since then is performing his duties with hard labour,great honesty and to the satisfaction of the higher authorities. The petitioner thereafter was working on deputation with the U.P. Power Corporation and according to him he ought to have been considered for promotion to the post of Inspector in terms of the relevant G.O. and Police Regulations. Petitioner has made representation to the higher authority when his name was not forwarded for consideration to the post of Inspector, but the same was rejected by the order dated 7th October, 2002, which is impugned in the present writ petition. It is submitted that the reason given for not forwarding the name of the petitioner, according to the order dated 7th October, 2002 is that according to the relevant G.O. such Sub -Inspector of Civil Police, who has completed ten years of service and has also put in three years as Station Office In -charge or equivalent thereto, which has been clarified that such Sub -Inspector, civil police who are drawing special pay shall also be treated to have been working as equivalent to Station Officer In -charge, shall be considered for promotion to the post of Inspector. The other condition is that out of ten years satisfactory service record, it is also necessary that during his ten years service, no adverse entry in the past three years should have been awarded and the integrity has also not been withheld for past five years. According to the petitioner's contention since he has been working on deputation with the U.P. Power Corporation or Greater Noida, the condition of having worked for three years as Station Officer In -charge stood waived in the case of the petitioner as he remained on deputation. The aforesaid contention of the petitioner has been rejected by the order impugned on the ground that there is no such condition that any person who has been working on deputation, need not comply with the condition of having worked as Station Officer In -change for three years. In this view of the matter the respondents, in the impugned order, have held that the petitioner since has not completed the aforesaid requisite qualification of having worked for three years as Station Officer In -charge, his name was rightly not forwarded for consideration for promotion as Inspector of Civil Police.
(3.) LEARNED Counsel for the petitioner has relied upon a decision of single Judge passed in Civil Misc. Writ Petition No. 20716 of 1997, Smt. Shakuntala Shukla v. The State of U.P., through the Principal Secretary (Home), Civil Secretariat, Lucknow and others, decided on 20th February, 1998 [since reported in 1998 (1) LBESR 700 (All)] which, according to the petitioner's Counsel has been affirmed by the Division Bench in Special Appeal and against the said judgments of Single Judge and Division Bench, Special Leave Petition Nos. 14293 -98 of 1999, which were converted into Civil Appeal Nos. 3441 -3446 of 2002, were decided by the apex Court, wherein the judgment of learned Single Judge as well as the Division Bench was set aside. In this view of the matter, no help can be drawn by the Counsel for the petitioner out of the aforesaid two judgments. In my opinion, the contention of learned Counsel that the view taken by the authority in rejecting the petitioner's contention that since he was on the deputation, therefore, the condition of having worked for three years as Station Officer In -charge of Civil Police stood waived in the case of the petitioner, has no force and will no help to the petitioner and this contention of the petitioner has rightly been rejected by the authority by the order impugned in the present writ petition. No other point was urged.;