WRIT PETITION 8805 of 2025 on 4 January 1997

1. The petitioners have filed the present writ petition claiming the followingrelief(s):-relief(s):- “i.That, The Hon’ble Court may be pleased to call the entirerecords pertaining the case of petitioner for its kind perusal.records pertaining the case of petitioner for its kind perusal.

ii.The Hon’ble court may kindly be pleased to direct therespondent authorities for the consideration of case of thepetitioners for promotion to the post of Assist Sub Inspector (M)in the light of letter dated 23/06/1995, 04/01/1997 and the SOPdated 12/10/2006.respondent authorities for the consideration of case of thepetitioners for promotion to the post of Assist Sub Inspector (M)in the light of letter dated 23/06/1995, 04/01/1997 and the SOPdated 12/10/2006.

iii.Any other relief, which this Hon’ble Court deems fit and proper,may also kindly be granted to the petitioners, in the interest ofjustice.may also kindly be granted to the petitioners, in the interest ofjustice.

iv.Cost of the petition may also be granted to the petitioners.”

2. Learned counsel for the petitioners would submit that the petitioners havebeen appointed on compassionate ground vide orders dated 22-11-2017, 17-10-2017 and 15-06-2016 respectively. The petitioners have completed morethan 5 years of their service as Constable (M). There is circular of StateGovernment dated 23-06-1995, 04-01-1997 and SOP dated 12-10-2006 andin view of those circulars the petitioners are also entitled for promotion on thepost of Assistant Sub Inspector (M) in the department after successfullycompletion of five years of service. The other similarly situated employeeshave been given promotion on the post of Assistant Sub Inspector (M).However, despite fulfilling the criteria, the petitioners have not been givenpromotion on the said post. He would further submit that petitioner No. 1 hasmade her representation on 14-09-2023 and 30-07-2024 (Annexure-P/5), butbeen appointed on compassionate ground vide orders dated 22-11-2017, 17-10-2017 and 15-06-2016 respectively. The petitioners have completed morethan 5 years of their service as Constable (M). There is circular of StateGovernment dated 23-06-1995, 04-01-1997 and SOP dated 12-10-2006 andin view of those circulars the petitioners are also entitled for promotion on thepost of Assistant Sub Inspector (M) in the department after successfullycompletion of five years of service. The other similarly situated employeeshave been given promotion on the post of Assistant Sub Inspector (M).However, despite fulfilling the criteria, the petitioners have not been givenpromotion on the said post. He would further submit that petitioner No. 1 hasmade her representation on 14-09-2023 and 30-07-2024 (Annexure-P/5), but till date her representation has not been considered. It is further submittedthat petitioners No.2 and 3 may also be permitted to make theirrepresentation before the authority and respondent No.3 may be directed toconsider the representation of the petitioners and to pass appropriate orderin accordance with law and as per applicable rules and circulars of the department holding the field within a stipulated time-frame.

3. On the other hand, learned counsel for the State has no objection if suchdirection is made to the respondent No.3 to take a decision on therepresentation of the petitioners in accordance with law.direction is made to the respondent No.3 to take a decision on therepresentation of the petitioners in accordance with law.

4. Considering the submissions made by learned counsel for the parties, thepresent writ petition is disposed of directing the petitioners to make freshrepresentation before respondent No.3 and in the eventuality of making suchrepresentation by the petitioners, respondent No.3 is directed to take adecision on the representation of the petitioners keeping in view these threecirculars dated 23-06-1995, 04-01-1997 and SOP dated 12-10-2006 inaccordance with law and also under the applicable rules and circulars of thedepartment holding the field within 90 days from the date of receipt of copy ofthis order.present writ petition is disposed of directing the petitioners to make freshrepresentation before respondent No.3 and in the eventuality of making suchrepresentation by the petitioners, respondent No.3 is directed to take adecision on the representation of the petitioners keeping in view these threecirculars dated 23-06-1995, 04-01-1997 and SOP dated 12-10-2006 inaccordance with law and also under the applicable rules and circulars of thedepartment holding the field within 90 days from the date of receipt of copy ofthis order.

5. The petitioners are directed to produce a copy of this order to respondentNo.3 within two weeks from today.No.3 within two weeks from today.

6. With the aforesaid observation the present writ petition is disposed of.

Sd/-

(Ravindra Kumar Agrawal)Judge