AI Structured Summary
Not yet generated for this judgment
Judgment
Proceedings of this matter have been taken up through Video Conferencing.
The petitioner herein calls in question the legality, validity and the correctness of the gradation list (AnnexureÂP/1), whereby the petitioner has been
denied seniority on the post of DSP w.e.f. 13.07.2000. The petitioner also challenges the order dated 28.11.2006 (AnnexureÂP/2), whereby the
petitioner's representation for grant of seniority on the post of DSP w.e.f. 13.07.2000 has been rejected.
Mr. K. Rohan, learned counsel for the petitioner, would submit that though the petitioner has been promoted to the post of DSP w.e.f. 03.11.2004,
but he is entitled to be promoted w.e.f. 13.07.2000. The petitioner has also made representation to the respondent authorities in this regard, but the
same has been rejected vide order dated 28.11.2006 (AnnexureÂP/2) by a non speaking and non reasoned order and no reason has been assigned as
to why he is not entitled for seniority on the post of DSP w.e.f. 13.07.2000. Therefore, the impugned order is liable to be set aside and the petitioner
be granted seniority on the post of DSP w.e.f. 13.07.2000.
Learned State counsel would support the impugned order.
I have heard learned counsel for the parties, considered their rival submissions made hereinÂabove and went through the records with utmost
circumspection.
True it is that the petitioner has been promoted to the post of DSP w.e.f. 03.11.2004, but when he made representation to the respondent authorities
claiming seniority w.e.f. 13.07.2000, the same has been rejected vide order dated 28.11.2006 (AnnexureÂP/2) by a non speaking and non reasoned
order. Accordingly, the impugned order dated 28.11.2006 (AnnexureÂP/2) is hereby set aside. The matter is remitted to the respondent No.1 to
consider and decide the case of the petitioner afresh for grant of seniority on the post of DSP w.e.f. 13.07.2000 and pass a reasoned and speaking
order within a period of 2 months from the date of receipt of copy of this order.
The petitioner is at liberty to make additional representation and file copy of the order dated 30.08.2001 (AnnexureÂP/9) in support of his claim
within 2 weeks from today.
With the aforesaid observation and direction, the writ petition stands disposed of. No order as to cost (s).