S.J.MUKHOPADHAYA, J. - (1.) THE petitioner prayed before the authorities to count his services rendered as Officiating Sub -Inspector of Police w.e.f. 11th June, 1976, but it was rejected by Deputy Inspector General of Police (Hqrs.) Jharkhand, Ranchi (hereinafter referred to as the D.I.G. Police (Hqrs.), Jharkhand, Ranchi), by letter No. 984 dated 2nd May. 2003. The said order has been challenged by the petitioner in this case.
(2.) ACCORDING to the petitioner, he is entitled for seniority as a Sub - Inspector of Police w.e.f. 11th June, 1976 in the light of judgment rendered by Supreme Court in the case of Direct Recruit Class -II Engineering Officers Association v. State of Maharashtra reported in AIR 1990 SC 1970. According to him, the period of officiating service can be counted in certain cases, as held by the Supreme Court in the aforesaid case, paragraph 44 (b) of which is quoted hereunder: (b) If the initial appointment is not made by following the procedure laid down by the rules but the appointee continues in the post uninterruptedly till the regularization of his service in accordance with the rules, the period of officiating service will be counted. The petitioner who was appointed as Literate Constable in the year 1964, was promoted as Assistant Sub -Inspector of Police in the year 1974. Subsequently, he was promoted as Sub -Inspector of Police on officiating basis, vide Memo No. 9088 dated 26th June, 1976 w.e.f. 11th June, 1976. He having been found fit, was confirmed to the post of Sub Inspector of Police, vide Memo No. 478 of 1990 w.e.f. 1st February, 1983. In the aforesaid background, according to petitioner, the Respondents should count his seniority as Sub -Inspector of Police w.e.f. 11th June, 1976 and not w.e.f. 1st February, 1983, the date of confirmation.
(3.) THE petitioner having not granted such benefit, had to move before this Court in W.P. (S) No. 52 of 2003 with the claim that he is entitled for seniority as Sub -Inspector of Police w.e.f. 11th June, 1976. A bench of this Court having noticed the fact aforesaid and observations of the Supreme Court at paragraph 44 (b) made in the case of Direct Recruit Class -II Engineering Officers Association" (supra), remitted to Respondents for decision by an order dated 25th March, 2003. The D.I.G. Police (Hqrs.), Jharkhand, Ranchi having rejected such prayer by letter No. 984 dated 2nd May, 2003, the present writ petition has been preferred against the said order of rejection.;