The Gujarat High Court today quashed the promotion of 40 Head Constables to the rank of Police Sub-Inspectors (PSIs) and termed as "unconstitutional and discriminatory" the change in service rules by the state government that facilitated their elevation.
These policemen were promoted as PSIs after they appeared for a departmental examination following an interim order passed by the HC in 2009 on a petition by 150 Head Constables challenging government's promotion policy in police department.
After the HC order, only 40 of them appeared for the examination held in 2009. The government, in 2012, tweaked the police service rules of 2008 stating those Head Constables who appeared for the examination were eligible for promotion.
The remaining 110 Head Constables, who did not appear for the exam and missed out on getting upgraded, challenged the promotion of their colleagues in the HC.
A division bench of Justices Harsha Devani and G R Udhwani today said special benefits given to 40 candidates were "wrong, unconstitutional and discriminatory".
The bench ordered the state government to withdraw their appointment to the higher rank and take back consequential benefits they had availed.
The HC had, in its interim order in 2009, allowed 150 Head Constables, who had petitioned against the government's promotion policy, to appear for departmental examination that was scheduled only a few days after the petition was filed.
The petitioners had said that after nine years of service as Head Constables, they were getting salary equivalent to an Assistant Sub-Inspector (ASI). Therefore, they should be allowed to appear for the test for promotion as PSIs.
The government's rule states that only an ASI with three years of service can appear for the departmental examination. The HC, at that time, passed an interim order allowing them to appear for the examination.
