HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 32(S/S)2005 Subesh Chandra Singh S/o late Paithvi Singh, R/o village Panjyali Patti Bansyali, P.O. Bon, Tehsil Dunda, P.S. Uttarkashi Distt. Uttarkashi, Presently posted as Constable (M), at S.P. Office, Gopeshwar, Distt. Chamoli. ---- Petitioner. Vs. 1. State of Uttaranchal through its secretary, Home, Civil Secretariat, Dehradun, 2. Director General of Police, Police Head Quarter, Dehradun, 3. Deputy Inspector General of Police, personal, Police Head Quarter, Dehradun, 4. Superintendent of Police, Chamoli, 5. State of Uttar Pradesh through its Secretary, Home, Civil Secretariat, Lucknow. ----Respondents. Sri Anik K. Joshi, learned counsel for the petitioner, Learned Standing Counsel for the respondents nos. 1 to 4, Smt. Beena Pandey, ld. Asstt. Standing Counsel for respondent no. 5. Hon’ble M.M. Ghildiyal, J. Heard Sri Anil K. Joshi, learned counsel for the petitioner, learned Standing Counsel for State of Uttaranchal/respondent nos. 1 to 4 and Smt. Beena Pandey, learned Standing Counsel for the State of U.P./respondent no. 5. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- i. Issue a writ, order or direction in the nature of mandamus, commanding the respondents’ authority to promote the petitioner to the post of A.S.I. (M) with all consequential benefits and to direct to pay regular pay scale of the post of A.S.I. (M). ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay 2 arrears of pay scale of the post of A.S.I. (M) with effect from 16.02.1998. iii. Any other order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. iv. Allow the writ petition with cost throughout. 3. Submission of the petitioner, as narrated in the writ petition, is that he was appointed to the post of Constable (M) by the order of the Superintendent of Police establishment, U.P., Allahabad under dying-in-harness Rules vide order dated 18.09.1997 and was posted in the office of Superintendent of Police, Chamoli, vide order dated 12.10.1997 passed by Superintendent of Police, Chamoli. Thereafter, the petitioner was asked to look after the work of Assistant Accountant/ASI (M) Grade-II vide order dated 16.02.1998 passed by the Superintendent of Police, Chamoli. Though, the aforesaid order does not specifically states that the petitioner has been directed to look after the work as ASI (M) Grade-II but from a bare perusal of the letter of Superintendent of Police, Chamoli dated 6th July 2004 and letter dated 20th June 2004, which are filed as annexure no. 4 to the writ petition, it emerges out that the petitioner was directed to look after the work of ASI (M) Grade- II with effect from his initial appointment i.e. from 17.10.1997. Initially, the petitioner was directed to look after the work of ASI (M) by an oral order, lateron vide order dated 16.02.1998 he was asked to perform the duty of ASI (M). 4. On 22.09.2004, as many as 20 Constables (M) were promoted to the post of ASI (M) but the petitioner was not promoted vide this order, consequently he filed the present writ petition seeking two reliefs to the effects; firstly, that he may be promoted to the post of ASI (M) with all consequently benefits 3 and; secondly, to pay the arrears of pay-scale of the post of ASI (M) from the date from which he is working on the post of ASI (M). 5. The respondents have filed counter affidavit in which the respondents have submitted that on 22.09.2004, 20 persons were promoted to the post of ASI (M) and since the petitioner was at serial no. 22 in the seniority list, he could not be promoted. However, vide order dated 09.03.2005, 24 persons including the petitioner have been provided promotion to the post of ASI (M) in the pay-scale of Rs. 4,000-100-6,000. In para-8 of the counter affidavit, the respondents have stated that the petitioner was never given the charge of ASI (M); vide order dated 16.02.1998, passed by the Superintendent of Police, Chamoli. In fact, by the aforesaid order, the petitioner was given additional charge of ASI(M) temporarily. It is admitted by the respondents that the petitioner was given additional charge of ASI (M) temporarily, vide order dated 16.02.1998 and the p e t i t i o n e r l o o k e d a f t e r t h e w o r k o f A S I ( M ) t i l l he was promoted on regular basis to the post of ASI (M) w.e.f. 09.03.2005. So far the first relief, regarding promotion is concerned, the Department has made promotions strictly in accordance with the rules, seniority and considering the reservation quota. On 22.09.2004 only 20 persons were promoted. Since the name of the petitioner was at serial no. 22 in the seniority list, as such as, at that time he was not promoted. However, lateron vide order dated 09.03.2005, the petitioner alongwith other persons have been provided promotions. Thus the first relief of the petitioner has now become infructuous. 6. So far the relief for payment of salary of the post of ASI (M) is concerned, it is admitted by the respondents in para-8 of the counter affidavit that vide order dated 16.02.1998 passed by the Superintendent of Police, Chamoli, the petitioner was given 4 additional charge, temporarily. The petitioner has placed reliance in rule 22(b) of the Financial Hand Book, Part-II to IV and has submitted that he is entitled to get salary of the post of ASI (M) Grade-II with effect from the date he was asked to perform the duty as ASI (M) i.e. from 16.02.1998. 7. For redressal of his grievance regarding payment of salary of the post of ASI (M) for the period he worked in pursuance of the order passed by the Superintendent of Police, Chamoli, the petitioner may make representation before respondent no. 4 within a period of two weeks from today and it is provided that if petitioner avails this opportunity, the respondent no. 4 shall take decision on the representation of the petitioner within a period of six weeks from the date of receipt of a certified copy of this order alongwith the representation. 8. With this direction, the writ petition is finally disposed of. No order as to costs. (M.M. Ghildiyal, J.) May 10, 2006: NCM: