Supreme Court of India

RANA PRATAP SINGHversusSTATE OF U.P. AND ORS.

Citation: 1997 INSC 171
Decided: 20 February 1997
Disposal: Dismissed
Bench: K RAMASWAMYS SAGHIR AHMAD

Holding

The Court held that the Government must now consider the appellant’s case in accordance with the rules for temporary promotion and confirmation in one of the 1,300 super‑numerary posts.

Summary

The appellant, Rana Pratap Singh, was temporarily promoted to Sub‑Inspector in February 1976 and served in that post until his reversion on 7 May 1983. The Government later created 1,300 super‑numerary police posts in December 1984, stipulating that only Sub‑Inspectors who had served three years or more up to 30 September 1984 would be absorbed. The Supreme Court, in an earlier order dated 19 April 1985, directed the Government to consider the cases of all such officers for absorption. The appellant claimed he satisfied the three‑year service requirement and sought confirmation in one of the super‑numerary posts. The Court held that, in view of its earlier direction, the Government must now examine the appellant’s case under the rules for temporary promotion and confirm him in a super‑numerary post, if appropriate. Accordingly, the appeal was disposed of without costs.

Issues considered

Whether the appellant, having served as a temporary Sub‑Inspector for more than three years before his reversion, is eligible for absorption in the super‑numerary posts created under the U.P. Police Officer Manual.
Whether the Government is bound to consider the appellant’s case in accordance with the Supreme Court’s direction dated 19 April 1985.

Subjects

service lawpolice promotiontemporary promotionsuper‑numerary postsU.P. Police Officer Manualreversioncivil appeal

Judgment

                                                                                     J-
A                            RANAPRATAP SINGH
                                           v.
                            STATE OF U.P. AND ORS.

                               FEBRUARY 20, 1997

B              (K. RAMASWAMY ANDS. SAGHIR AHMAD, JJ.]

            Service Law:

            U.P. Police Officer Manual :
c            Para 191-f'olice officer-Promotion to officiate as Sub-lnspec-
    to,......Oovernment sanctioned 1300 super numerary posts in December
    1984--0fficers who had officiated on the posts of Sub-Inspectors for three
    years or more till 30.9.1984 required to be absorbed on the newly created
    posts-This Court's direction to consider the cases of all those persons who
D   had completed three years or more-Others to be reverted-Appellant's claim
    that he had completed more than three years before his reversion in
    1983-Held, it is now for the Government to consider his case in accordance
    with mies for temporary promotion and confirmation in one of the 1300
    supernumerary posts and to pass appropriate orders.

E           CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2575 of
    1984.

         From the Judgment and Order dated 17.11.83 of the Allahabad High
    Court in W.P. No. 2880 of 1983.
F           H.K. Puri for the Appellant.

            The following Order of the Court was delivered :

            This appeal by special leave arises from the judgment dated 17th
G 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.

          The Lucknow Be.nch of the High Court by order dated November
    17, 1983 dismissed all the writ petitions including writ petition filed by the
H   appellant. Subsequently, pending appeals, the Government had decided by
                                          318
                     RANA PRATAP SINGH v. STATE                       319

proceedings dated December 1, 1984 to sanction the creation of 1300 A
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 B
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 super-
numerary 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.

      The appellant herein claims that he has promoted temporarily in
                                                                            c
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 D
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 supermumerary posts created by the
Government by the aforesaid order dated 19th April, 1985 passed by this E
Court, and to pass appropriate in that behalf.

       The appeal is accordingly disposed of. No costs.

R.P.                                                  Appeal disposed of.

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