IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 180 of 2011 (S/B) The State of Uttarakhand and others ….…… Petitioners Versus Smt. Vijay Chaudhary and another ……….Respondents Mr. Vinay Kumar, Standing Counsel for the State / petitioners. Ms. Bina Pande, Standing Counsel for the State of U.P. / respondent No. 2. Date of Judgment: 12.07.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Servesh Kumar Gupta, J. BARIN GHOSH, C.J. (ORAL) In 1991, private respondent, who has not been noticed, was appointed in the Uttar Pradesh Civil Police as a lady constable. In 1993, she participated in state level games and sports, representing the Police Department of the State. She won a gold medal. Appreciating her performance, on 19th December, 1993, the then Hon’ble the Chief Minister of Uttar Pradesh announced to give the private respondent out of turn promotion. In pursuance with the announcement, Director General of Police, Uttar Pradesh issued a radiogram on 21st December, 1993, directing Inspector General of Police, Meerut to give to the private respondent an out of turn promotion to the post of Head Constable. Inspector General of Police, Meerut also directed Senior Superintendent of Police, Dehradun on 21st December, 1993 to give to the private respondent such promotion. There is no dispute to the facts as above. 2. The promotion was, however, not accorded to the private respondent. She, accordingly, approached the Hon’ble Allahabad High Court in Writ Petition No. 31227 of 1998. The said writ petition was transferred to this Court and was numbered as Writ Petition No. 3674 (S/S) of 2001. In the said writ petition, State of Uttar Pradesh and its Director General of Police were parties. On 23rd April, 2004, the said writ petition was disposed of with a direction upon the private respondent to make a representation to the 2 Director General of Police. Private respondent made a representation to the Director General of Police, Uttar Pradesh. This representation was rejected by an order dated 20th June, 2004. In the meantime, private respondent filed Writ Petition No. 779 of 2004 (S/S) before this Court. In that, it was stated that the Secretary, Home Department, Uttar Pradesh and the Director General of Police, Lucknow have sent the representation of the private respondent to the State of Uttaranchal with a remark that since the private respondent is in the services of the State of Uttaranchal, State of Uttaranchal may take necessary action in this regard. The said contention was accepted and the writ petition was disposed of on 14th July, 2004 by directing the private respondent to submit a certified copy of the order alongwith a copy of her representation to the Director General of Police, Uttaranchal with a direction upon the said Director General of Police to take necessary decision on the representation. Accordingly, a representation was made, whereupon the State of Uttaranchal made appropriate inquiries at the end of the State of Uttar Pradesh and having come to learn that since no formal order of promotion was passed before 23rd December, 1993, when out of turn promotion was banned by the State of Uttar Pradesh, and held out that the representation of the private respondent is not entertainable. This decision was challenged before the Tribunal successfully and, being aggrieved thereby, the present writ petition has been filed. 3. It is not being contended that on 19th December, 1993, when the Hon’ble the Chief Minister of the State of Uttar Pradesh decided to give out of turn promotion to the private respondent, there was no provision in the Rules for grant of such promotion. It is also not being contended that the Hon’ble the Chief Minister of the State of Uttar Pradesh was not competent to decide to give such out of turn promotion. The radiogram, by which the decision of the Hon’ble the Chief Minister of Uttar Pradesh was communicated, is also not in dispute. At the same time, it has not been stated that after such announcement was made, in terms of the Rules private respondent was required to do anything for the purpose of getting benefit of the said decision. There is not a single whisper as to why the Senior Superintendent of Police, Dehradun, despite direction contained in the 3 radiogram dated 21st December, 1993, did not issue an appropriate order of promotion to the private respondent on 21st December, 1993 or on 22nd December, 1993. Because the Senior Superintendent of Police, Dehradun did not discharge his obligations in terms of the decision taken by the Hon’ble the Chief Minister of Uttar Pradesh and because on 23rd December, 1993, a ban was imposed on out of turn promotion, private respondent could not suffer. 4. For these reasons, we are not inclined to admit the writ petition; the same is dismissed. (Servesh Kr. Gupta, J.) (Barin Ghosh, C.J.) 12.07.2011 12.07.2011 Amit