_ IN THE HIGH COURT OF SIKKIM AT GANGTOK (cmlL +uRlsDlcTloN) Writ Petition (C) No.10 of 2007 /Shri Adup Tshering 13hutia, Inspector of Police, Silddm Vigilance Police, Government of Sikkim, Gangtok. ...Petitioner ~VTERSUS- 1. The State of Sikh+.in 'Throuch Chief Secretary, Tashiling Secretariat Building , Government of Sikkin, Gangtok. 2. The Director General of Police, Sikhim Police Department, Police Headquarters, Government of Sikkin, Gangtok. 3. Additional Secretary, Sikldm Pofice Hea.d Quarter, Government of Sikkim, Gan8tok. 4. Secretary, D epartment of Personnel, Administrative Refoms & Traing, • Government of Sikkin, I Gangtok. ...Respondents For the petitioner: Ms. Pr.) Doma T. Bhutia, Advocate. For the rest.ondents: Mr. J.B. Fradhan, Additional Advocate General, Sikkim with Mr. S.K. Chettri, Assistant Government Advocate for Respondents. the official *„7 _--i -=- Date of Heculng : Date of Jhadgmeiut .. 27.08.2009 27.08.2009 PRESENT: HON'BLE TEE CREF .USTICE MR. dusTICE AF`TAB H. SAIKIA HON'BLE MR. .USTICE A.P. SUBBA, JUDGE JUDGMENT AND ORDER I0RAL| SdiklcL C3 Heard Ms. (Dr.) Doma T. Bhutia, leaned Counsel for the petitioner as well as Mr. J.B. Pradhan, learlied Additional Advocate General, Sildrim with htr. S.K. Chettri, learned State Counsel appearing for all the official respondents. 'The petitioner, being all employee of the Sikkjm Police, presently worhing in the capacity of the Inspector of Police in the State Vigilance Department within the Pofice Department, Government of Sikkin, alleging non-consideration of his seniority, has challenged the inter-se-seniorit]r fist of Police Inapectors in the Police Department published on 14.11.2006 by initiating the instant writ proceeding and has soucht the reliefs lay making the following prayers: " a) A writ in the natLire of Mandanus or any other wit, order or direction for quashing or cancelling the Impugned Notification 01/PHQ dated the 14/ 11/06, along with the Annexures of Inter-se seniority list of the promotees, thereby issuing another fresh rectified notification correctly placing the /^\`.Tl- Petitioner in confirmed capacity of Police Inspector in seniority list as per the due process of law. b) A wit of mandamus or any other appropriate wit, order or direction in the nature thereof directing the Respondents No. 1 & 2 to issue fresh notification and prepare a fresh list of seniority for the promotees thereby duly incorporating the name of the Petitioner in confirmed capacity of Police Inspector and to place in senior position according to the established rules. c) Issue of vrit of mandamus or any other appropriate writ, order or direction in the nature thereof directing the Respondents No. 1 & 2 to establish a transparent and fair system while malntalning frech confirmed seniority list of Police Inspectors according to the procedure estabrmed by law. d) And pass such other order or orders as this Honfole Court may deem fit and proper in the fact and circumstances of the case." Refuting the allegations and contentions made in this wit petition, the State-reapondents have contested the case by filing their respective responses to which the petitioner also has filed his rejoinder. During the pendency of this wit petition at the hearing stage, the official reapondents have filed a Civil Miscellaneous AppHcation being registered as CM Appl. No. 48 of 2009, wherein a Notification dated 24.07.2009 has been annexed which reads as under: 'pr "POLICE HEADQUARTERS GANGTOK : SIKKIM No. 01/PHQ/09 Dated: 24.07.2009 NOTIFICATION 1' Whereas, Notification No. 01/PHQ da.ted 14/11/2006 which notified the seniority list of Police Inspector`s was only a combined list as per Corrigendum vide Memo No. 296/PHQ dated 19/5/2007; and whereas, the Notification was only a combined list, the process of preparation of seniority list of Police Inspectors being an ongoing process and the Department proposes to issue provisional Seniority List of Police Inspectors in due course affording opportunities to all the members of the cadre to file their claims and objections. 'The final seniority list will thereafter, be published in accordance with the relevant rules. 'Therefore, in pursuance of the decision taken in the meeting held on 9th July, 2009 in the chamber of the Chief Secretary, Govt. of Sikkim, aforementioned combined list of Police Inspectors notified vide Notification No. 01/PHQ dated 14/11/2006 stands withdrawn with immediate effect. Sd/- (O.H. Subba, lps) Inspector General of Police Police Headquarters Gangtok. Memo No. 01-03/PHQ/09 Dated: 24/07/2009 " A plain reading of the said Notification would candidiy indicate that all the prayers so made by the petitioner as quoted above have been taken care of by the respondents. It is noted that in the first instance, the Goverliment has withdrawn the impugned Notification dated 14.11.2006 the quachment of which has been ® sought in the writ petition itself as indicated in the prayer No. (a)-. As regards the prayers No. th) and (c), the Government, as has been emerged from the above Notification itself, proposes to issue a provisional Seniority List of Police Inspectors in due course affording opportuliities to all the members of the cadre to file their claims and objections and to publish the final seliiority list thereafter in accordance with the relevant rules. Meanwhile, the petitioner has also ffied an application for seeking amendment as reflected in Civil Miscellaneous Application No. 47 of 2009, wherein he has made another prayer which runs as follows: "d) 'The appHcaut further craves leave (b) be deleted and substituted and anended by the fo"owhg pta:yet fob as athe seivioriky Of the petitioner is deterTnine/ consider.ed, from the da,±e Of his promotion i.e. from the gear 1995 to t:he post of Inspector Of Pol:iee». " Having considered the above proposed amendment in the prayer, we are of the view that since the Government itself has withdrawn the inpugped Notification dated 14.11.2006 and proposed to publish a final seniority list after affording opportunities to all the members of the cadre to file their respective clains and objections, the proposed amcmdment seeldng inclusion of the abovequoted prayer appears to be pro-matured. On due consideration of the facts and circumstances of the case in its entirety including the Notification dated 24.07.2009 •j)^\..``-` `#. annexed as Annexure A-1 in the CM Appl. No. 48 of 2009 and also upon hearing the leaned Counsel for the parties, we are of the considered opinion that this wit petition has been rendered as infiuctuous. Needless to say that the petitioner, if aggrieved by publication of final seniority fist, shall be at liberty to approach this Court for r.edressal of his grievances. 10. Accordingly, this writ petition stands dismissed as being infructuous. tsrlJiks a..'`:,:.,(,.`T------ Chief Justice.