Devi Prasad Singh, J. - (1.) The present writ petition has been preferred under Article 226 of the Constitution of India, claiming promotion from the rank of Inspector to the post of Deputy Superintendent of Police which has been denied by the respondents relying upon a rule which has been superseded by subsequent rule.
(2.) In brief, factual matrix of the present case is that, the petitioner was appointed on the post of Sub-Inspector of Police on 1.3.1970. From time to time, he discharged duty as Station House Officer on various places. In the year 1982, the Selection Committee has approved for the petitioner's promotion on the post of Inspector. In consequence thereof, on 8.7.1983, the petitioner joined as Inspector of Vigilance Establishment. Thereafter, he has discharged duty on the post of inspector at various places. The petitioner's services were confirmed on the post of Inspector on 7.8.1996. The dispute arose on 28.11.2000 when the 86 Inspectors were promoted on the post of Deputy Superintendent of Police. Having not found his name in the promotion list, the petitioner preferred a representation dated 15.6.2001 to the Director General of Police, U.P. It has been stated by the petitioner's Counsel that without adjudicating the controversy raised by the petitioner, again 83 Inspectors were promoted to the post of Deputy Superintendent of Police on 2.9.2001. Therefore, again, another representation dated 4.10.2001 was submitted by the petitioner which also could not fetch any result, hence he has filed the writ petition in hand under Article 226 of the Constitution of India.
(3.) Mr. Amit Bose, learned Counsel appearing on behalf of the petitioner while arguing the present writ petition submitted that the respondents have not considered the petitioner's case on the ground that the selection was held on merit and the petitioner was not found fit by the Committee concerned. He further submits that the plea taken by the respondents that the selection for the post of Deputy Superintendent of Police by promotion is done under the U.P. Police Service Rules, 1942, in short, 1942 Rules is not sustainable. According to the petitioner's Counsel, in view of Article 313 of the Constitution of India, after coming into force of the U.P. Government Servants Criterion for Recruitment by Promotion Rules, 1994, in short 1994 Rules, the 1942 Rules become superseded; rather deemed to be repealed. For convenience, Article 313 of the Constitution is reproduced as under: "313. Transitional provisions - Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-India Service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions of this Constitution.";