SURESH KUMAR versus THE STATE OF HARYANA & ORS.

Citation: [2021] 3 S.C.R. 278 · Decided: 26-03-2021 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 3 S.C.R.
   [2021] 3 S.C.R. 278
278
SURESH KUMAR
v.
THE STATE OF HARYANA & ORS.
(Civil Appeal No.1076 of 2021)
MARCH 26, 2021
[ASHOK BHUSHAN AND R. SUBHASH REDDY, JJ.]
Punjab Police Rules, 1934: r.13.14 – Promotion to the post
of Inspector – r.13.14(2) provides that no Sub-Inspector shall be
considered eligible for promotion to a selection grade unless he
has at least eight years’ approved service as an upper subordinate,
of which five years shall have been in the rank of Sub-Inspector –
Promotion to selection grade of a Sub-Inspector was pre-condition
for including the name of a Sub-Inspector in List ‘F’ which is a list
from which promotion to Inspector was to be made – Even though
scheme of grant of selection grade was done away by the State by
its common order dated 29.04.1987, the exercise of promotion to
Inspector from Sub-Inspector even after 29.04.1987 was done on
the basis of requirement of Rule 13.14(2) – The criteria in the Rules
for assessing a person that he was entitled for grant of selection
grade cannot be said to be meaningless with no purpose after
withdrawal of the selection grade – For promotion to Sub-Inspector
to selection grade eight years’ approved service was contemplated
which was with intent that sufficient experience is gained by a Police
personnel to be considered for promotion to Inspector who is to
man a Police Station and has to discharge other important functions
– The selection grades are in the nature of promotional scale,
therefore, the criteria provided for promotion to selection grade
can very well be taken as criteria for further promotion which is
the spirit of the Rules followed uniformly by the State while effecting
the promotion – The object and purpose of the Rules and
methodology for evaluating the Police personnel to move in the
higher rank in the same or to the next rank cannot be lost sight nor
can be ignored merely because the scheme was withdrawn on
29.04.1987 – No error is committed by the State in continuing the
evaluation of the Sub-Inspectors on the basis of criteria as provided
in Rule 13.14 while effecting promotion – Service law – Promotion.
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Dismissing the appeals, the Court
HELD: 1. The Government Order dated 29.04.1987 issued
by the State of Haryana, which communicates the decision of the
State Government that “the present system of selection grades
as it exists for the employees of Groups B, C & D has been
discontinued”. The effect of the G.O. dated 29.04.1987 was that
there was no entitlement of a Sub-Inspector or any police
personnel belonging to Group C to claim selection grade. The
statutory Rule 13.1 provides that promotion from one rank to
another and from one grade to another in the same rank shall be
made by selection tempered by seniority. The use of expression
“specific qualifications whether in the nature of training courses
passed or practical experience, shall be carefully considered in
each case” indicate that qualifications for promotion are not
contained in Rule 13.1 and they have to be found out from other
part of the Rules. Rule 13.1 governs both promotions, from one
rank to another, and from one grade to another. Thus, Rule 13.1
regulates promotion within the grade and from one grade to
another. Rule 13.14 contains the heading “promotions to and in
the selection grades of Sub-Inspectors”. Rule 13.14(2) provides
that no Sub-Inspector shall be considered eligible for promotion
to a selection grade unless he has at least eight years’ approved
service as an upper subordinate, of which five years shall have
been in the rank of Sub-Inspector. Now, coming to Rule 13.15
which deals with “List F-Promotion to Inspectors”, Rule 13.15(1)
deals with recommendations on behalf of Sub-Inspectors
considered fit for promotion to the rank of Inspector to be
submitted with their annual confidential reports on the 15th April
each year to Deputy Inspector-General by Superintendents of
Police in Form 13.15(1). [Para 16][291-F-H; 292-A-D]
2. Rule 13.15(4) provides that Sub-Inspectors admitted to
List ‘F’ will be placed in that list in order according to their date
of permanent promotion to selection grade. Thus, date of
permanent promotion to selection grade is criteria which was
required to be followed for promotion to Inspector and as required
by Rule 13.14(2) no Sub-Inspector shall be considered eligible
for promotion to a selection grade unless he has at least eight
SURESH KUMAR v. THE STATE 

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