S.H.A. Raza, J. - (1.) This writ petition is directed against the action of the opposite parties in not considering the petitioner for promotion on the post of Inspector of police with effect from 4-11-1972 when his junior Ranbir Singh was promoted on the post o f Inspector and to confirm him with effect from 1-3-1984
(2.) Factual matrix as set out in the writ petition is that the petitioner alongwith one Ranbir Singh completed the training in the Police Training College, Moradabad in the Training Session of 19c'0 for the post of Inspector. On successful completion of the aforesaid training, the petitioner was placed at Serial No. 28 in the merit list while Shri Ranbir Singh, who had also under-went the training in the batch of the petitioner, was placed at Serial No. 140 of the merit list. The petitioner was given appointment on the post of Sub-Inspector on 1-1-1961. Similarly other persons who also under went the said training in the batch of the petitioner were also placed below Sri Ranbir Singh. Sri Ranbir Singh was confirmed for the reason that there were certain adverse entries in his character roll in the year 1964, 1967, 1968, 1969, 1972, 1973 and 1974. He thereafter, preferred a departmental appeal. In the said appeal entry for the year 1969 was expunged, but he was not granted any relief with respect to other adverse entries, as the appeal against remaining adverse entries remained pending Petitioner thereafter preferred claim petition bearing No. 109/5 of 1982 before U. P. Public Services Tribunal.
(3.) On 31-12-1987 a Bench of the Tribunal, which consisted of Dr. Surya Prasad, Chairman and Sri Shivadhar Tewari. Judicial Member, allowed the claim petition of the petitioner and the impugned adverse entries for the year 1964, 1967, 1968, 1972 1973, 1974 and 1976 as well as misconduct entry made in his character roll on 23-1-1979 for the year 1978 were expunged and struck off from the character roll of the petitioner. The petitioner was declared to have been confirmed w.e.f 1-4-1970 on which date his junior Shri Ranbir Singh had been confirmed as Sub Inspector. The Tribunal further directed that as there existed nothing adverse in the character roll of the petitioner to deprive him, from getting promotion to the post of Inspector of Police, w. e. f. the date on which his junior Shri Ranbir Singh had been promoted as Inspector of Police, opposite parties would consider the case of the petitioner as to whether he was qualified to be promoted as Inspector, and in case it was found that he was so qualified, he would be promoted on the post of Inspector of Police and that he would also be entitled to get consequential benefits by way of pay and other allowances.;