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High Court for State of TelanganaWP/10947/2017dismissed

B.Gangaram, v. The State Of Telangana, Rep. By Its Principal Secretary,

2017-03-30P Naveen Rao3 pages

Date : 30.3.2017 Between :

B Gangaram S/o Kashinath Working as Head Constable (253) O/o District Training Centre, Adilabad Petitioner And The State of Telangana, Rep by its Prl Secretary, Home Department, Secretariat, Hyderabad and others Respondents The Court made the following:

ORAL ORDER:

Petitioner was initially appointed as police Constable on 14.4.1980 and was granted promotion as Head Constable on 3.3.2014. Petitioner is due to retire on attaining the age of superannuation on 31.3.2017. By placing reliance on the adhoc Rules issued by the Government of Telangana reducing the minimum eligibility to aspire promotion to higher post from 3 years to 2 years, petitioner claims that since he has completed 2 years of service, he has now acquired eligibility for promotion as Assistant Sub Inspector and promotion ought to be granted before he retires from service. What was relaxed is minimum eligibility criteria for promotion. It does not automatically vest right in a person to claim promotion without following the procedure as prescribed in the Special Rules.

No person working as Head Constable can automatically be granted promotion as Assistant Sub Inspector without subjecting him to pre-promotional training and without assessing his eligibility and suitability. Merely because he completed minimum eligibility service, he cannot claim promotion as a matter of right. The prayer sought in the writ petition cannot be granted as petitioner is retiring from service on 31.3.2017. There are no merits in the writ petition. Accordingly, the writ petition is dismissed in limini. No costs. Having regard to the same, miscellaneous petitions, if any pending, are closed. ______________ P NAVEEN RAO,J DATE: 30.3.

Date : 30.3.2017