- (1.) Heard counsel for the parties.
(2.) The petitioner, in the present writ application is once again seeking direction upon the respondents to consider his case for promotion from the post of Sub Inspector of Police to the post of Inspector of Police w.e.f. 27.2.2003 alleging that his juniors have been promoted as such. The petitioner had earlier preferred writ petition being W.P.S. No. 3898 of 2004 for consideration of his claim for promotion to the post of Inspector in the Photo Bureau of C.I.D. Jharkhand. The said writ petition was decided on 25.2.2010 which is annexed as Annexure-1 to the writ application, relevant extract of the said judgment which have dealt with the petitioner's contention and there upon certain directions issued are evidenced herein below:- 3. From the rival submissions, two significant aspects do emerge. Firstly, the petitioner's original appointment was in the general police category and he was later shifted to the Photo Bureau of the C.I.D., Ranchi. He had attained the status of Sub Inspector of Police in the Photo Bureau. His case along with other officers of the rank of Inspector was considered by the Screening Committee and he was found fit for promotion, but the only ground on which his promotion to the post of Inspector was refused, is that in the Photo Bureau of the C.I.D. branch, there is no post of Inspector. If this was so, then the petitioner ought to have been given an option to withdraw himself from the Photo Bureau of the C.I.D. and to join the general branch of the police alternatively. Alternatively, instead of allowing him to stagnate in the post of S.I. Police while other officers of the same rank have been allowed promotional benefits, the concerned authorities of the respondents could have ensured that the benefits of the higher pay scales by way of selection grade scales is given to the petitioner. The other aspect which appears is that though, having recognized the fact that the petitioner had put in more than 30 years of service prior to the date of his retirement and his name was forwarded to the Screening committee for considering the grant of benefits of the 3rd ACP, but even this has not been done only on the ground that his ACRs for two years were not readily available. This is a ridiculous excuse which appears to have been taken only to deny the petitioner the benefit which he may have legitimately earned. 4. Considering the above facts and circumstance, this application is disposed of with a direction to the concerned authorities of the respondents to consider the petitioner's case and his claim for grant of monetary benefits of the higher scales applicable to the selection grade/Senior Experts, from the date when he was found fit by Screening Committee for his promotion to the post of Inspector. Alternatively, the respondents shall consider the petitioner's case for grant of the 3rd A.C.P. to him, as per the Rules applicable. The decision in terms of the direction contained herein-above, shall be taken by the concerned authorities of the respondents within a period of three months from the date of receipt/production of a copy of this order. With these observations, this writ application is disposed of. Let a copy of this order be given to the counsel for the respondent State.
(3.) Apparently after consideration of the facts and circumstances, the said writ petition was disposed of with a direction to the concerned authority to consider the petitioner's case and his claim for grant of monetary benefits of the higher scale applicable to the selection grade/senior expert from the date he was found fit by the Screening Committee for his promotion to the post of Inspector. Alternatively, the respondents were directed to consider the petitioner's case for grant of third A.C.P. as per the rules applicable. The petitioner, thereafter pursued contempt petition being Cont. (Civil) No. 112 of 2011 which was however disposed of with finding that no willful disobedience of the order passed in the writ petition have been committed by the concerned opposite parties. Para. 2 to 5 of the said order is quoted herein below:- 2. Learned counsel for the respondent-State submitted that a detailed counter affidavit has been filed and looking to the paragraph No. 7 as well as paragraph No. 15 thereof, there is due compliance of the order, passed by this Court. Moreover, the contention, made in the counter affidavit, is also supported by the documentary evidence, which are at Annexure A, B and C to the counter affidavit 3. Though a copy of the counter affidavit, filed by the respondents, has already been served upon the learned counsel for the petitioner in the month of March, 2011, no rejoinder to the same has been filed by the petitioner controverting the facts, stated in the counter affidavit 4. In view of the aforesaid submission and looking to the order, passed by this Court and the statements, made in paragraph No. 7 onwards of the counter affidavit and also looking to Annexure A, B and C of the counter affidavit, it appears that legally payable amount has already been calculated by the respondents towards the revised pay scale on account of the benefit given to the petitioner under Modified Assured Career Progression Scheme and to this effect order has also been passed. 5. In view of the aforesaid facts, there is no willful disobedience committed by the respondents of the order, passed by this Court in W.P.(S) No. 3898 of 2004. This contempt petition is, accordingly, disposed of.;