RADHAKISHOR TONGBRAM, SON OF T JATISHOR SINGH Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr. A. Bimol, learned counsel appearing for the petitioners and Mr. H. Samarjit, learned G.A. appearing for the State respondents. None appears for the private respondents though they have been served notices properly.

(2.) In this writ petition, the petitioners, three (3) in number who are presently serving as Havildars in the Manipur Police have challenged the promotion order dated 25.04.2016 issued by the DGP by which the private respondents and others have been given promotion to the higher posts of Jemadar. The grievance of the petitioners, in short, is that they being gallantry awardees are entitled to be considered for promotion to the higher posts of Jemadar under the 15% of posts of the Jemadars reserved under promotion quota reserved for those who are recognised for their gallantry acts and sportspersons. However, by ignoring the case of the petitioners and by recommending the private respondents who are junior to some of the petitioners, their rights have been violated.

(3.) The promotional post in issue is the post of Jamadar which is governed by the Recruitment Rules namely, Recruitment Rules for the post of Jemadar (Manipur Rifles/India Reserve Battalions) of Police as contained in the Assam Police Mannual Part - III. As per the Recruitment Rules for the post of Jemadar, 50% of the posts are to be filled up by promotion. 85% of the promotion quota are to be filled up from amongst Havildars (MR/IR Bns.) who have passed the Pre-Promotion Selection Test prescribed by State Government and have satisfactorily completed the probation with 5 (five) years regular service in the grade and remaining 15% of the promotion quota are to be filled up from Havildars (MR/IR Bns.) who have satisfactorily completed the probation with 3 years regular service in the grade, having passed the Pre-Promotion Selection Test prescribed by the State Government and who have been recommended by the DGP for promotion by reason of their conspicuous acts of gallantry in discharge of official duties or who are outstanding sportsmen recognized by the All India Police Sports Control Board, provided that