Rana Pratap Singh Vs. State of U.P. & Ors.
EmailAppeal: Civil Appeal No.2575 of 1984
(From the Judgment and Order dated 17.11.1983 of the Allahabad High Court in W.P.No.2880 of 1983)
(From the Judgment and Order dated 17.11.1983 of the Allahabad High Court in W.P.No.2880 of 1983)
Petitioner: Rana Pratap Singh
Respondent: State of U.P. & Ors.
Apeal: Civil Appeal No.2575 of 1984
(From the Judgment and Order dated 17.11.1983 of the Allahabad High Court in W.P.No.2880 of 1983)
(From the Judgment and Order dated 17.11.1983 of the Allahabad High Court in W.P.No.2880 of 1983)
Judges: K. RAMASWAMY & S. SAGHIR AHMAD, JJ.
Date of Judgment: Feb 20, 1997
Appearances:
Mr. H.K. Puri, Advocate for the Appellant.
Head Note:
SERVICE AND LABOUR LAWS
Promotion and confirmation of appellant is one of supernumerary posts created by Govt. under Order dated 19.4.1985 passed by Supreme Court – Held Govt. should consider his case for confirmation and promotion.
Promotion and confirmation of appellant is one of supernumerary posts created by Govt. under Order dated 19.4.1985 passed by Supreme Court – Held Govt. should consider his case for confirmation and promotion.
JUDGEMENT:
O R D E R
1. This appeal by special leave arises from the judgment dated 17th November, 1983 of the judgment passed by the Allahabad High Court in W.P. No.2869 of 1983 etc; W.P. No.2880 of 1983 having been filed by the appellant herein.
2. The Lucknow Bench of the High Court by order dated November 17, 1983 dismissed all the writ petitions including writ petition filed by the appellant. Subsequently, pending appeals, the Government had decided by proceedings dated December 1, 1984 to sanction the creation of 1300 supernumerary posts of civil police in the pay scale of Rs.515-860/- and that “only those officiating Sub-Inspectors will be absorbed on these posts who have officiated on the posts of Sub-Inspector for three years or more till 30th September, 1984”. This Court on 19th April, 1985 while disposing of the C.A. No.8820 of 1983 and batch had directed the Government to consider the cases of all those persons who had completed three years or more in the light of the above direction for absorption in those supernumerary posts and promoted under para 191 of the Police Office Manual. In respect of other Sub-Inspectors covered under the said para 191 who had not completed three years of service, the reversion stood upheld.
3. The appellant herein claims that he was promoted temporarily in February 1976 as a Sub-Inspector and was appointed on that premise and that he had been continuing in that post till he was reverted on May 7, 1983. It would appear that pending appeal, the appellant, obviously, must have retired from service. However, if the case of the appellant had been considered in the light of the direction issued by this Court, no further action would have been needed. If the Government did not consider his case since the appeal was pending, it is now for the Government to consider his case in accordance with rules for temporary promotion and confirmation in one of the 1300 supernumerary posts created by the Government by the aforesaid order dated 19th April, 1985 passed by this Court, and to pass appropriate in that behalf.
4. The appeal is accordingly disposed of. No costs.
1. This appeal by special leave arises from the judgment dated 17th November, 1983 of the judgment passed by the Allahabad High Court in W.P. No.2869 of 1983 etc; W.P. No.2880 of 1983 having been filed by the appellant herein.
2. The Lucknow Bench of the High Court by order dated November 17, 1983 dismissed all the writ petitions including writ petition filed by the appellant. Subsequently, pending appeals, the Government had decided by proceedings dated December 1, 1984 to sanction the creation of 1300 supernumerary posts of civil police in the pay scale of Rs.515-860/- and that “only those officiating Sub-Inspectors will be absorbed on these posts who have officiated on the posts of Sub-Inspector for three years or more till 30th September, 1984”. This Court on 19th April, 1985 while disposing of the C.A. No.8820 of 1983 and batch had directed the Government to consider the cases of all those persons who had completed three years or more in the light of the above direction for absorption in those supernumerary posts and promoted under para 191 of the Police Office Manual. In respect of other Sub-Inspectors covered under the said para 191 who had not completed three years of service, the reversion stood upheld.
3. The appellant herein claims that he was promoted temporarily in February 1976 as a Sub-Inspector and was appointed on that premise and that he had been continuing in that post till he was reverted on May 7, 1983. It would appear that pending appeal, the appellant, obviously, must have retired from service. However, if the case of the appellant had been considered in the light of the direction issued by this Court, no further action would have been needed. If the Government did not consider his case since the appeal was pending, it is now for the Government to consider his case in accordance with rules for temporary promotion and confirmation in one of the 1300 supernumerary posts created by the Government by the aforesaid order dated 19th April, 1985 passed by this Court, and to pass appropriate in that behalf.
4. The appeal is accordingly disposed of. No costs.
