HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 198 of 2005 (SS) 1. Girish Chandra Bijalwan s/o Sri Madhav Prasad Bijalwan, Police Station, Kotwali Kashipur, District Udham Singh Nagar 2. Satendra Pal Singh Negi, Police Station Kotwali, Pauri 3. Tara Dutt Vaila, Police Station Kotwali, Haridwar. 4. Virendra Kumar Sharma, Police Station, Kirti Nagar, Tehri Garhwal Versus 1. State of Uttar Pradesh 2. Principal Secretary Home, Govt. of Uttar Pradesh 3. Director General of Police, Lucknow 4. State of Uttaranchal 5. Principal Secretary Home, Govt. of Uttaranchal 6. Director General of Police, Dehradun 7. I.G.P. (Admn.) Lucknow U.P. 8. A.D.G. Police (Admn.) office of D.G.P. Uttaranchal 9. Asadoo Lal, Inspector, Vigilance Establishment, Dehradun 10. Man Singh Azad, Inspector, Vigilance Establishment Dehradun 11. Jagdish Singh Aswal, Inspector, Vigilance Establishment, Dehradun 12. Public Service Commission, U.P. 13. Secretary, Home Government of U.P. 14. Additional Director General of Police 15. Sri Bishan Ram Arya, Circle Officer, Pithoragarh 16. Sri Genda Lal, Circle Officer, Chamoli 17. Sri Jitendra Singh Pangti, Circle Officer, Almora 18. Sri Bhawan Singh Garbyal, Dy.S.P. Head quarter, Lucknow. 19. Sri Ram Saran Jayant, S.I.O. Champawat 2 20. Smt. Shakuntla Hotiyal, S.I.O. Tehri, District Tehri Garhwal ……….Respondents Sri H.C. Bisht, Advocate for the petitioners Standing Counsel, U.P. and Uttaranchal for the respondents. Dated: April 18, 2006 Hon’ble Rajesh Tandon, J. Heard Sri H.C. Bisht for the petitioner, Smt. Beena Pandey counsel for State of U.P. and Standing Counsel for State of Uttaranchal. By the present writ petition, the petitioners have prayed for a writ of certiorari quashing the orders dated 29.5.2005, annexure -15 and 19 to the writ petition. Further prayer for a writ of mandamus has been made directing respondents not to allow respondents no. 15 to 20 on regular basis in the Stat eof Uttaranchal. Briefly stated the petitioners are Inspector in the Police Department and at present they are posted in various police stations. According to the petitioners as per U.P. Police Service (11th Amendment) Regulations 1999 which was amended regulation 5 of Part 3 of U.P. Police Service Regulations 1942, read with regulation 25 of Part 8 of the said regulations they are entitled to promotion on the post of Deputy Superintendent of Police. The petitioners have submitted that the Government of Uttar Pradesh vide Notification No. 13/34/90-ka-1/1994 dated 12.10.94 has issued the U.P. Government Servants (Criterion for Recruitment by Promotion) Rules 1994. State of Uttaranchal has also issued similar rules called Uttaranchal 3 Government Servants (Criterion For recruitment by Promotion) Rules 2004. Rule 4 of the said Rules reads as under: 4. Criterion for Recruitment by Promotion- Recruitment by promotion to the post of Head of Department, to a post just one rank below the Head of Department and to a post in any service carrying the pay scale the maximum of which is Rs.18,300 or above shall be made on the basis of merit and to the rest of the posts in all services to be filled by promotion. Including a post where promotion is made from a Non-Gazetted post to a Gazetted post or from one service to another service, shall be made on the basis of seniority to the rejection of the unfit. The petitioners have submitted that after creation of State of Uttaranchal they were finally allotted Uttaranchal State. The petitioners have filed seniority list issued by the respondents. In the seniority list the names of the petitioners are figured at serial numbs 21, 15, 20 and 26 respectively. The petitioners have alleged that respondents Sri Mohan Singh Khannu, Asadoo Lal Arya and Man Singh Azad are junior to the petitioners and they have been allotted State of Uttaranchal. Vide letter dated 29.1.2005, I.G.P. (Admn.) U.P. Lucknow sent a letter to the Superintendent of Police, Vigilance Establishment , Dehradun Sector, Dehradun informing him that the character rolls of Sri Asadoo Lal Arya and Sri Man Singh Azad have been sent by D.G. Police, U.P. Lucknow to the Government of U.P. for their promotion to the post of Dy. S.P. The grievance of the petitioners is that in the event of promotion of these junior officers, the petitioners shall suffer irreparable loss and a serious prejudice as these junior officers will fill up all the vacancies in the rank of Dy. S.P. in the State of 4 Uttaranchal. Further the State of U.P. has no authority to hold Departmental Promotion Committee (DPC) either for the petitioners or for respondents Sri Asadoo Lal Arya, Man Singh Azad, and Mohan Singh Khannu. Standing Counsel for State of U.P. has submitted that the persons who are finally allocated to the State of Uttaranchal and were working in the State of Uttaranchal; their promotion orders have been withdrawn by the State of Uttar Pradesh. Counter affidavit has been filed on behalf of State of Uttaranchal and it has been submitted that the final seniority list of the Inspectors in the State of Uttaranchal is likely to be finalised and thereafter promotions to the post of Deputy S.P. can be made. The seniority list has been circulated and objections against it have been invited. Considering the aforesaid averments the petitioners have submitted that the respondents authorities may be directed to promote the petitioners by constituting the Departmental Promotion Committee immediately for consideration of promotion of the eligible officers serving as Inspectors in Uttaranchal Police. In view of above, a writ of mandamus is issued directing the respondents to constitute Departmental Promotion Committee for the promotion of Inspectors posted in Uttaranchal Police and consider the promotion according to the rules. The entire exercise of promotion should be completed within two months. Subject to the aforesaid observations, writ petition is allowed. No order as to costs. Dated: April 18, 2006 *Dhyani Rajesh Tandon, J.