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Judgment
J.S. Khehar, J.—The petitioner claims promotion to the post of Head Constable as a matter of superiority over Cosnstable Jaspal Singh, No. 1210, and for seeking the aforesaid claim, the petitioner is stated to have addressed a legal notice to the respondents, dated 1.6.2006 (Annexure P-12). It is also the grievance of the petitioner, that no decision has been taken on the aforestated legal notice dated 1.6.2006 (Annexure P-12). It is, therefore, the solitary prayer of the learned Counsel for the petitioner, that the respondents should be directed to take a decision on the legal notice dated 1.6.2006 (Annexure P-12).
It is not possible for us to accept the aforesaid contention of the learned Counsel for the petitioner. The claim of the petitioner for promotion to the post of Head Constable is to be adjudicated on the basis of his position in Promotion List C-I, whereas, the aforestated Constable Jaspal Singh has been promoted to the rank of Head Constable from amongst Promotion List C-II. In fact, there is no conflict between the two.
Individuals borne on Promotion List C-I and Promotion List C-II do not compete with one another, and as such, it is not possible for us to require the respondents to record a finding on the suitability of the petitioner to the rank of Head Constable on the factual position surrounding Constable Jaspal Singh. It would also be pertinent to mention, that the name of Constable Jaspal Singh was placed on Promotion List C-II by an order dated 21.2.2003 (Annexure P-9), which is not subject matter of challenge at the hands of the petitioner even through the instant writ petition.
In view of the above, we find no merit in the instant writ petition. The same is, accordingly, dismissed.