Jagdish Chand Sankhyan vs State of H.P. and Another

Sanjay Karol, J.—Petitioner has prayed for the following relief:-

i. To quash the minutes of Review DPC held on 7.11.2008 (Annexure P-8), which was wrongly held basing the final seniority list of Inspectors of Police as it stood on 11.1.1990, whereas the petitioner was confirmed on 17.7.1993 and the final seniority lists of Inspectors of Police as it stood on 1.12.1993 (Annexure P-4) was to be taken into consideration by the DPC with further directions to the respondents to promote the petitioner as Dy. S.P. from the date when six persons junior to the petitioner as stated in para-4, were promoted as Dy. S.P. vide Notification dated 13.5.1994 Annexure P-13.

Respondents, in my considered view, have unfairly treated the present petitioner. Also they have not complied with the directions issued vide judgment dated 25.8.2008 passed in CWP No. 295/2005 titled as Jagdish Chand Sankhyan vs. State of H.P. & another, in letter and spirit.

Operative portion of Minutes of the Departmental Promotion Committee held on 7.11.2008, affecting the petitioner, reads as under:-

In view of the above judgment, the Department has decided to further review the minutes of the meeting of the review D.P.C. held on 22.11.1994 for promotion to the posts of H.P. Police Service so that the orders of the Hon''ble High Court are complied with. It has also been intimated that Sh. Jagdish Chand Sankhyan may be placed above the name of Sh. Jaipal Singh (Seniority No. 137) on the basis of final seniority list as it stood on 01-11-1990 who was immediate junior to him as Inspector of Police for consideration for promotion to the said post. After considering the view-point of the Department and also after having gone through the judgment of the Hon''ble High Court the Committee decided to further review the minutes of the meeting of the review D.P.C. dated 22.11.1994 for the vacancies available in the year, 1994 as Sh. Jaipal Singh (Seniority No. 137) who was junior to Sh. Jagdish Chand Sankhyan was considered for promotion to the said post first time against the vacancies available in the year, 1994. Accordingly, the Committee decided to re-consider Sh. Jagdish Chand Sankhyan vis-�-vis other those Inspectors of Police already considered/assessed by the review D.P.C. on 22.11.1994 and assessed them as under:-

Year- 1994 = 05 Vacancies (General)

Based on the above assessment and also taking into account the principles of promotion for selection posts, the Committee recommends, in order of merit, the names of following Inspectors of Police (Class-III-Non-Gazetted) for promotion to the posts of H.P. Police Service (Class-I-Gazetted), in the Department of Police, Himachal Pradesh.

YEAR - 1994

The minutes of meeting of the review D.P.C. held on 22.11.1994 may be modified to this extent in respect of the vacancies available in the year, 1994.

It is seen that petitioner was recruited as a Constable in the Police Department in the year 1958. Certain entries, adverse to him were made in his service record. Challenging the same, petitioner took recourse to remedies available to him, in accordance with law. Eventually, in Jagdish Chand Sankhyan (supra), while confirming appointment of the petitioner as Inspector, this Court issued following directions:-

Since the writ petitioner is to be deemed to have been confirmed on and w.e.f. 17.7.1993 along with his juniors, he is entitled to be considered for promotion along with all those inspectors who were juniors to him as Inspectors prior to the passing of the order dated 17.7.1993, Annexure A-9. Accordingly, we direct the 6 respondents to consider the writ petitioner for promotion to the rank of Dy. S.P. on and with effect from the date his immediate junior was promoted and in case on such consideration he is found to be eligible, give him promotion as Dy. S.P., with all consequential benefits.

We order that our aforesaid directions regarding consideration of the petitioner for promotion to the rank of Dy. S.P. and giving of all consequential benefits, if he is found eligible and promoted, be complied with within one month from today. A copy of the order be given dasti to Sh. P.K. Sharma, learned Addl. Advocate General who shall send the same by his own forwarding letter to the Secretary (Home) within 3 days from today.

It is not in dispute that this judgment has attained finality. Petitioner was deemed to have been confirmed on the post of Inspector on 17.7.1993. Hence, there was no question of consideration of remarks made in the ACRs for confirmation to the post of Inspector. The Committee erred in this aspect of the matter. There was no question of comparative assessment of the ACRs of the employees for the purpose of preparation of seniority list inter se the candidates, effect of which is that petitioner''s name now stands placed below his juniors. Accordingly, Annexure P-8 is quashed. Respondents are directed to re-consider the petitioner''s case afresh in the light of the judgment passed in Jagdish Chand Sankhyan (supra). Needful shall positively be done within a period of one month from today. All consequential actions, including preparation of fresh seniority list, disbursement of monetary benefits due and admissible, if any, shall be taken by the respondents within the aforesaid period.

With the aforesaid observations, present petition is disposed of.