- (1.) HEARD Sri P. S. Adhikari, Senior Ad vocate assisted by Sri B. S. Adhikari, Advocate counsel for the petitioners and Standing counsel for the respond ents.
(2.) BY the present writ petition, the petitioners have prayed for a writ of mandamus directing the respondents to consider and promote the petitioners to the post of Inspectors with effect from the date of promotion of their juniors by following the Rules of 2004. According to the petitioners, they are serving in the Police depart ment as Sub Inspectors from about 20 to 25 years and they have no adverse entry in their character roll. They were also rewarded for their efficient works. Ministry of Home Affairs, Government of Uttaranchal issued a notification on 23rd September 2004 for promotion of Sub Inspectors to the vacant posts of In spectors in Uttaranchal Police. In con tinuation of the process prescribed in the above notification, dates were fixed for interview of the candidates whose list was prepared by the department on the basis of seniority. The petitioners stood in the seniority list at serial no. 20, 21, 43, 84 and 98 respectively. Thereafter vide order dated 12-12-2004 of Additional Director General of Police, Uttaranchal, a list of promoted candi dates was published. The petitioners have submitted that in the list of pro moted candidates, the persons who were junior to the petitioners have found place and the seniority of the petitioners have completely been ignored. The petitioners have submitted that the petitioner no. 1 made a representation to the respondents on 13-12-2004 but no heed was paid to the representation of the petitioners. Counter affidavit has been filed by the respondents. The respondents have submitted that seniority list was prepared on the basis of merit and in pursuance of the said notification the result of promotion was declared on the basis of merit. According to the re spondents in the Police Department Police Regulation 1861 is applicable in the case of direct recruitment and pro motion. In exercise of the powers given under Police regulation, the Govern ment issued notification dated 23-09-2004, and promotions of the Sub In spectors to the post of Inspectors were made in accordance with the said no tification. The respondents have as serted that notification No. 743/xxx (2)/ 2004/55 (40)72004 dated 15-06-2004 is not applicable to the Police Department of Uttaranchal.
(3.) THE main allegation of the peti tioners is that during promotion proc ess of Sub Inspectors to the posts of Inspectors, such standards have been adopted by the respondents due to which seniority of the petitioners have been completely ignored and the De partmental Selection Committee made for the promotion was successful in se lecting candidates of its own choice for promotion. On behalf of the petitioners much stress has been drawn on the ap plicability of the Uttaranchal Govern ment Servants (Criterion for Recruit ment by Promotion) Rules, 2004. The respondents have denied in their coun ter affidavit that such Rules are appli cable to the Police Department of Uttaranchal. Sub Clause (3) of Rule 1 of the said Rules reads as under: (3) They shall apply to recruitment by promotion te a post or service for which no consultation with the Pub lic Service Commission is required on the principles to be followed in making promotions under the Uttaranchal Public Service Commis sion (Limitation of Functions) Regu lations, 2003 as amended from time to time.;