U.K.Dhaon, Satish Chandra, JJ. - (1.) HEARD Sri Gaurav Mehrotra, learned Counsel for the Petitioner and Sri Rakesh Bajpayee, learned Additional Chief Standing Counsel for the Respondents.
(2.) THE Petitioner has alleged that he appeared in the Combined State Services Examination in 1987 and was selected with merit position at Serial No. 49. The Petitioner has further alleged that on 5.4.1990 he joined on the post of District Commandant (Home Guards), Mainpuri and as the appointment of one Sri Sanjay Shanker Pandey, who was in merit at Serial No. 47 of Combined State Services Examination, 1987, did not join the U.P. Police Service, vacancy occurred and the Petitioner made a representation to the Stale Government for allocation of U.P. Police Service. The Petitioner thereafter filed a writ petition which was registered as Writ Petition No. 12818 of 1996 which was disposed of by this Court by the judgment and order dated 12.11.1998. Thereafter, a review petition was preferred by the Petitioner in which the following order was passed on 12.11.1998: - As the vacancy exists and the State Government has no objection for reshuffling of the Petitioner to the post of Deputy Superintendent of Police, the Commission may pass appropriate orders in that regard expeditiously say within six weeks from the date of production of a copy of this order dated 12.11.1998. By the order dated 11.11.1999 the Petitioner was re -allocated and he was appointed as Deputy Superintendent of Police on probation on which post he joined on 3.7.2000.
(3.) LEARNED Counsel for the Petitioner submits that the Petitioner is eligible for promotion to the post of Additional Superintendent of Police Grade -II as he has completed eight years of service in the recruitment year 2008 -09 from the date he was re -allocated and was appointed as Deputy Superintendent of Police on probation. He further submits that relaxation was granted to Sri Vinay Kumar Yadav under U.P. Police Service Rules, 1942 and as such the opposite parties ought to have granted relaxation to the Petitioner.;