Nainital HC rejects petition filed by SI in 1999

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The Nainital High Court has rejected the petition related to promotion on the posts of inspectors filed by the sub-inspectors appointed during the time Uttar Pradesh was undivided in 1999.Petitioner sub-inspector Subhash Chandra and others had filed a petition in the High Court, seeking their promotion from sub-inspectors to inspectors while counting their seniority from 1999. However, the court stated that petitioners being appointed on the posts of sub-inspector in 2008, they would not be given benefit of seniority from 1999. The petitioner had stated that till 1999, they were head constables in undivided Uttar Pradesh. In the same year, the promotional examination on the posts of sub-inspectors from constables was held and they had cleared the examination. Following Allahabad High Court giving a stay order on the recruitment process, things became stalled. However, in 2003, head constables and constables were allocated Uttarakhand cadre and in the same year, the Allahabad High Court had withdrawn the stay order imposed in 1999 while ruling that the head constables who had passed the promotional examination were eligible for the post of sub-inspectors. As things got delayed those head constables were promoted as sub-inspectors in 2008. While the petitioners had sought promotion on the basis of the recruitment order passed in 1999 the candidates who were directly recruited as sub-inspectors in 2002 had opposed the move of the petitioners, saying that the rankers’ sub-inspectors had become sub-inspectors only in 2008 and so their seniority should start from 2008. After hearing both the parties, the High Court rejected the petition on Wednesday, ruling that their promotion would be effected from 2008 when they were appointed as sub inspectors instead of 1999 as the petitioners had sought. 

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