Full Judgment Text
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PETITIONER:
RANA PRATAP SINGH
Vs.
RESPONDENT:
STATE OF U.P. & ORS.
DATE OF JUDGMENT: 20/02/1997
BENCH:
K. RAMASWAMY, S. SAGHIR AHMAD
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
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. 2880
of 1983 having been filed by the appellant herein.
The Lucknow bench of the High Court by order dated
November 17, 1983 dismissed all the writ petitions
Subsequently, pending appeals, the Government had decided by
proceedings dated December 1, 1984 to sanction the creation
of 1300 supernumerary post of civil police in the pay scale
of Rs. 515-860/- and that "only those officiating Sub-
Inspector 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
and 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 Officer Manual. In respect of other Sub-Inspector
covered under the said para 191 who had not completed three
years of service, the reversion stood upheld.
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, 1983. It would appear
that pending appeal, the appeal, 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 on 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.
The appeal is accordingly disposed of. No costs.
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