JUDGEMENT
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(1.) THE Government of Rajasthan appointed a Standing Selection Committee consisting of the IG of Rajasthan the Home Secretary, Govt. of Rajasthan under their Integration Department Order No F. 3(14) Intg/5, dated 28 -4 -52 to make selections and substantive fixation as also to determine seniority of Inspectors of Polite. For this purpose the Committee met on 6 -8 -1952. Shri Hiralal Dungarpuria was officiating as Prosecuting Inspector from 22 -4 -1951 and reverted us Prosecuting Sub Inspector on 15 -5 -52 He was not promoted again prior to the meeting of Integration Committee viz. 6 -8 -1952. Shri Hiralal Dungarpuria was therefore, not interviewed till then (6 -8 -52) in order to be considered for Integration as an Inspector. He was integrated as Sub inspector with effect from 15 -8 -52 and assigned seniority at serial No. 87. Since then, he had been making representations for his correct integration among Inspectors of Police on various grounds.
(2.) ON scrutinizing the representation of Shri Hiralal Dungarpuria by the Standing Integration Committee, it has been found that hit name was on the approved list before 19 -5 -52, the date on which he was reverted. He was inadvertently reverted and was not promoted again in order to provide one Shri Pratap Singh Hiran, who was then carrying on the current duties of Prosecuting Inspector at Dungarpur, inspite of the fact that Shri Pratap Singh was junior to Shri Hiralal. More over, other Sub Inspectors who were I junior to Shri Dungarpuria were promoted to the rank of Inspectors the reversion of Shri Hiralal was as such found irregular and the Committee considered him suitable for the post of Inspector of Police for which selection he was eligible also as the Government agreed with the recommendations of the Committee and Shri Hiralal Dungarpura's record was examined in detail. According to the procedure adopted for categorisation in the Cadre of Inspectors, it was found that he is entitled to be placed in 'A' Category of Inspectors a9 he bad secured 71 marks the Government in agreeing with the recommendations of the Standing Integration Committee ordered vide their Order No. F.1/1 (ii) HE -Gr. 1/61 dated 22 12 62 that the individual in question may be integrated in 'A' Category and his seniority be determined on the basis of length of Service as Inspector in that Category. 4. In view of the recommendations of the Integration Committee and in pursuance of Government Order No. F. 1/1(ii) HE/Gr -1/81 dated 22 -12 -62 Shri Hiralal Dungarpuria is confirmed as Inspector of Police with effect from 1 -8 52 and his name is deleted from Serial No. 87 of Sub Inspectors (Udaipur Range) and he is assigned seniority at Serial 10 'A' in the Interlaced Seniority List of Inspectors as under: Name Date of appoint - No. in Seniority Listment as Inspector of 'A' Group Inspectorsof Rajasthan Police.___________________________________________________________________________1 2 3___________________________________________________________________________Shri Hira Lal 22.4.51 S. No. 26 A in the Integratedlist issued vide No. F 11/2896dated 29 8 52 in between ShriNawal Kishore (5 - No. 26) whosedate of appointment as Inspectoris 23 -11 -49 and Shri Balu Singh(S. No. 27) whose date ofappointment) as Inspector is14 -12 -1951.b. In the interlaced Seniority Listissued vide No D. Intg. (12) 66/1349dated 8 -12 -1957 his name. is insertedat S. No. 10 'A' above Shri KanhiyaLal S. No. 11V & below Shri NawalkishoreSerial (10).Sd/ - Goverdhan
Inspector General of Police,
Rajasthan, Jaipur.
The above order shows that the petitioner was inadvertently reverted from the post of Prosecuting Inspector and this was done in order to provide for one Sbri Pratap Singh Hiran who was carrying on the current duties of the Prosecuting Inspector at Dungarpur though Sbri Partap Singh Hiran was junior to Hiralal. It was also found that many Sub Inspectors who were junior to the petitioner had been promoted to the cadre of Inspectors the above order further shows that the petitioner was confirmed as Inspector of Police with effect from 1.8.52 and in the seniority list of Inspectors his name was placed at Serial No. 10 'A'. Follow up action was sought to be taken by the State Government and by their order dated 30 -6 -64 the petitioner wan fixed at Rs. 230/ - per month with effect from 20 -6 -59 by giving him 8 advance increments. In other words, though the petitioner was given the increments he was not paid the arrears the petitioner therefore, filed a civil suit for the recovery of an amount of Rs. 5015/ - against the Government in the Court of the Civil Judge, Udaipur the learned Civil Judge passed a decree in favour of the petitioner for an amount Rs. 5015/ - on 19 -12 66. An appeal was filed against the aforesaid decree in the court of the, District Judge, Udaipur, but later on the Government got that appeal dismissed as withdrawn. This, was presumably for the reason that the Government were, satisfied about the petitioner's claim for at rears of salary. On 14 -8 -67 on the recommendations of a Departmental Promotion Committee, the Government appointed the petitioner to the Rajasthan Police Service the petitioner was appointed as Deputy Superintendent of Police with effect from 1 -1 -67. Not getting the full relief he made a representation on 11 -4 -68. This representation was forwarded by the Deputy Inspector General of Police under whom the petitioner was working to the Government on 19 -4 -68 Not getting any response the petitioner gave a notice of a suit under Section 80 of the Code of Civil Procedure on 15 -1 -69. This too was of ho effect.
(3.) IT is in these circumstances that the petitioner has filed the present writ petition.;
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