RAJENDRA NATH MITTAL,J. - (1.) Briefly the case of the petitioner is that he joined the service as a Constable in the Erstwhile Patiala State on February 9, 1948. He passed the Lower School Course at Police Training School, Phillaur in March, 1951 and was promoted to the rank of officiating Head Constable in May, 1951. Thereafter he passed Intermediate School Course in March 1959. He was later promoted to the rank of officiating Assistant Sub-Inspector in February, 1960 against a permanent substantive vacancy. Since then he is continuing as such.
(2.) During the sail period he remained posted in Bhatinda, which was a part of Patiala Range upto August, 1973. Then a new range named as Ferozepur Range was created and the district of Bhatinda came in Ferozepore range. Thus, thereafter he had been serving in Ferozepore Range. On October, 1, 1971 he was allowed to cross the efficiency bar vide D. I. G.'s order dated November 24, 1971. He after crossing the efficiency bar made a representation to the D. I. G. Police Patiala Rang on June 14, 1972 for considering him for promotion to the post of Sub-Inspector which was declined on June 19, 1972. Then he made a representation to the Inspector-General, Police on May 1, 1974. It was not decided for about six month; and the petitioner sent a reminder to him, but inspire of that his representation has not been decided. It is further stated that in 1974 he also passed Upper School Course. He has consequently prayed that the respondents be directed to consider his case for confirmation as Assistant Sub-Inspector and promotion as Sub-Inspector from the date, Wien he crossed the efficiency bar. It may be mentioned at this stage that the petitioner has been recently promoted as a Sub-Inspector.
(3.) The Writ Petition has been contested by the respondents. Two returns have been filed, one by the D. I. G. Police, Ferozepore Range and the other by D. I. G. Police, Patiala Range. In the former return it has been stated that since the formation of the Ferozepore Range that is from August 5, 1973 none of the officiating Assistian Sub-Inspectors junior to the petitioner has been promoted as officiating Sub-Inspector. In the return filed by the D.I.G. Police, Patiala Range. it is pleaded that the passing of the Upper School Course is a pre requisite condition for promotion to the rank of a Sub-Inspector. It is further averred that no junior to the Petitioner without qualifying the Upper School Course was promoted to the rank of a Sub-Inspector.;