Vineet Saran, J. - (1.) The petitioner was appointed as a Constable in the Civil Police on 30.6.1975. He was thereafter transferred to Armed Police on 26.10.1976. With effect from 5.6.1981, the petitioner was granted promotion as a Head Constable (Armed Police) under the provisions of the U.P. Police Regulations. He thereafter completed his training for Head Constable (Armed Police) from 25.5.1982 to 25.10.1982. On 6.7.2005 a Government Order was issued for undertaking exercise for making promotion on the post of Sub Inspector (Special Category). By Circular dated 18.8.2005 issued by the Police Headquarters, U.P., Allahabad, the said posts of Sub Inspectors (Special Category) were to be filled up from amongst those Head Constables who had completed 24 years of continuous service as on 1.7.2005. When the case of the petitioner was ignored for such promotion, and other persons who had completed 24 years of service had been granted such promotion, the petitioner filed this writ petition with the prayer for a direction in the nature of mandamus commanding the respondents to promote him as Sub Inspector (Special Category) applying the criteria of seniority subject to rejection of unfit in terms of the Circular dated 18.8.2005 and give him all consequential benefits.
(2.) By an interim order dated 23.5.2006 this Court had directed the respondent no.2 to pass specific order with regard to the claim of promotion of the petitioner within six weeks or show cause by way of filing a counter affidavit.
(3.) Along with the counter affidavit an order dated 15.7.2006 has been annexed whereby the claim of the petitioner has been rejected on the ground that persons junior to the petitioner have yet not been considered and that his case for promotion shall be considered in its turn.;