Madhya Pradesh High Court
Mahesh Kumar Dubey vs State Of M.P. on 13 June, 2016
W.P.No.617/2011 (Mahesh Kumar Dubey Vs. State of M.P. &
Ors.) 1
13.6.2016.
Shri T.C.Singhal, learned counsel for the petitioner.
Shri S.K.Jain, learned Govt. Advocate for the
respondents/State.
The petitioner has filed this petition challenging the inaction on the part of the respondents in not considering his case for promotion to the post of ASI and SI despite several representations which are enclosed alongwith the petition as Annexure P/3.
It is the case of the petitioner that he was working as Constable under the Superintendent of Police, Morena when he was dismissed from service vide order dated 30.5.1986. Two appeals as are provided under the police regulation were rejected on 15.11.1989 and 2.2.1990, and therefore, the petitioner had filed writ petition before this Court seeking quashment of the order of dismissal. Vide order dated 2.11.2006 the writ petition was allowed and order dated 30.5.1986, so also the appellate order were quashed and it was further directed that petitioner will be deemed to be in service and all consequential benefits including salary will be paid to the petitioner.
Respondents have filed their return and have submitted that petitioner was granted benefit of promotion to the post of Head Constable vide order dated 21.12.2009 after he had completed necessary training with effect from 10.8.2009 to 29.8.2009. Now he cannot be granted promotion to the post of ASI because he has not passed necessary examination which is mandatory for promotion to the post of ASI.
Learned counsel for the petitioner submits that petitioner was removed from service in the year 1986. After almost 20 years he was reinstated and in the meantime juniors to the petitioner made considerable progress in their career and as per information, there is a provision for relaxation of passing of the departmental examination after crossing particular age barrier.
Without commenting on the merits of the case, if this being true and permissible under the rules, then case of the petitioner W.P.No.617/2011 (Mahesh Kumar Dubey Vs. State of M.P. & Ors.) 2 should be considered for promotion to the post of ASI with all other consequential benefits as were given to his juniors by the authority within a period of three months from the date of communication of the order. It is made clear that this Court has not expressed any opinion on the merits of the case or entitlement of the petitioner.
With the aforesaid, petition is disposed of.
(Vivek Agarwal) Judge ms/-