P HARI KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicants in both these cases have challenged their non-selection for appointment by promotion to the Indian Police Service for the year 2002 for the A.P. State and sought for a declaration that the said action of the respondents is arbitrary, unjust and in violation of Articles 14 and 16 of the Constitution of India and for a direction; to the respondents to reconsider their claims properly and order for inclusion of their names in the select list prepared by the Select Committee for appointment by promotion as officers as Indian Police Service for the year 2002 and on that basis to direct the first respondent to declare the applicants to have been appointed by promotion to the I.P.S. with effect from 2.8.2002 with all consequential benefits, such as, year of allotment, pay fixation etc.

(2.) The applicants in both these cases belong to 1987 batch and directly recruited Deputy Superintendents of Police. The applicant in O.A. No. 1004/2002 is a Post Graduate in Zoology from Andhra University. He has obtained LL.B. Degree from the Osmania University between the years 1980-83. He came to be selected as Dy. Superintendent of Police, Category-II and was appointed against Roster point No. 33 and came to be considered against the OC vacancy pursuant to the orders issued by the State Government in their GOMs. No. 363 Home (Police. E) Department dated 20th August, 1987.

(3.) THE applicant in O.A. No. 1004/2002 alleged that he worked at sensitive places like Yellanadu in Khammam District, in the Grayhounds, S.D.P.O., Narsaraopet in Guntur District and Narsampet in Warangal District. In fact, when 5 officers including an IPS Officer showed disinclination to report to duty at Narsampet due to the extremist menace, the applicant was posted to handle this sensitive assignment and he continued to function there for 3 years between 1992-95. He was then transferred and posted to Dharmavaram Subdivision in Anantapur District. While serving there, he came to be promoted as Additional Superintendent of Police (Non-cadre) in the pay scale of Rs. 5050-8700/- based upon the approval accorded to the panel prepared by the Departmental Promotion Committee which met on 12.7.1995. Out of 27 officers so found fit for promotion, the applicant was one such included at Sl. No. 25 and accordingly he was promoted as Additional Superintendent of Police (Non-cadre) through G.O. Rt. No. 3620 GAD (SC. C) Department dated 24.7.1995. THE applicant was posted as Additional Superintendent of Police of Anantapur District to begin with and subsequently he was transferred to handle the sensitive duties of Additional S.P. Warangal District where he worked for 2 and half years upto November, 2000. Later basing on his outstanding record, the applicant was chosen and posted as Vigilance Officer in A.P. Transco, Tirupathi to control the Pilferage of Energy and to strengthen the Vigilance network when power reforms were introduced in the State. It is further alleged that the applicant came to be selected for the U.N. Interim Administration Mission in Kosovo during the period 2001-2002. He served the U.N. Mission upto May, 2002 and upon repartriation, he is curwrently posted as Chief of Vigilance of the A.P. Central Power Distribution Company Ltd. Hyderabad. THE services rendered by the applicant have been appreciated and commended on several occasions. He came to be regarded as one of the outstanding Police Officers of the State Police Service. By virtue of his sustained and meritorious record of service, he has been selected for the A.P. Police Uttam Seva Padakam award on the eve of Ugadi--Telugu New Year's Day. THE State Government has passed orders conferring the Uttam Seva Padakam on the applicant through their G.O. Ms. No. 291 Home (SC. E) Department dated 9th April, 1994. Through out his service, the applicant came to be recognised as a meritorious Police Officer.