Case Summary : ASHOK KUMAR VS THE STATE OF BIHAR AND ORS

ASHOK KUMAR VS THE STATE OF BIHAR AND ORS

Author : Akash Krishnan

Citation: Civil Writ Jurisdiction Case No.15808 of 2017

Bench: Honourable Mr. Justice Chakradhari Sharan Singh

INTRODUCTION

The following case revolves around a Police officer of the Bihar State Police Force, who got promoted to the IPS Cadre instead of his promotions at the Senior-Most post in the State Service, i.e. of a Staff Officer due to which he suffered monetary losses over a period of time.

It is pertinent to note that the case was filed 4 years after the promotion took effect.

FACTS

The Petitioner is a Police Personnel of the Indian Police Service Cadre. He joined the Bihar State Police initially and was at the rank of Deputy Superintendent of Police. After a few years of service he was promoted to the rank of Additional Superintendent of Police. The Highest Rank available in the State Cadre was of Staff Officer.

Subsequently, the position of Staff Officer became vacant after the retirement of the prior Staff Officer.

The Petitioner was the senior-most officer at that time. For the purpose of selection of an officer for promotion, Departmental Promotional Committee was set up.

But before any officer could be promoted, all the officers in list along with the Petitioner were promoted to the IPS Cadre thus becoming ineligible for the post of Staff Officer.

The claim of the Petitioner rested on the fact that upon promotion to the IPS Cadre, the salary scale was the same as his previous post of ASP.

The salary scale for the post of Staff Officer was much higher and had he been promoted later; he would be receiving a much higher salary.

Due to this deficiency he had suffered continuous monetary losses over the past decade which were recurring in nature.

The petition was filed with the claim that his promotion to IPS Cadre was completely irrational and arbitrary and that he should be considered and promoted to the post of Staff Officer with retrospective effect and paid the deficient amount as well.

ISSUE

Whether the Promotion of the Petitioner to the IPS Cadre is valid?

JUDGEMENT

The court observed that there was no infringement of any legal or fundamental rights with respect to the promotion to the IPS Cadre. The State had satisfied all norms and regulations and the Promotion was given effect legally.

Thus, the court finds no merit in interfering with the promotion of giving a retrospective promotion to the Petitioner.

Moreover, there is no claim for any discrimination caused in promotion.

No Junior Officer was given the post of Staff Officer during the tenure of the Petitioner as ASP. Had that been the case, the promotion could be challenged.