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PETITIONER: DHIRENDER SINGH ETC.

       Vs.

RESPONDENT: STATE OF HARYANA & ORS.

DATE OF JUDGMENT:       09/12/1996

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                             with                Civil Appeal No. 16847..../96             (Arising out of SLP (c) No.19421/96)                          O R D E R      Leave granted.      In the counter affidavit filed by the respondents it is stated that  the Superintendent  of Police  had promoted the appellant in  the sports  quota in  view of  the outstanding performance in  sports, namely,  wrestling, on  January  16, 1990 on  ad hoc  basis   against an  upgraded vacancy. It is also stated  that it  was clearly  mentioned in the order of appointment that the appellant could be reverted at any time without any  notice and  that he  would  have  no  right  to seniority in the post. Learned counsel for the appellant has relied upon  the judgment  of this  Court in Rishal Singh v. State of  Haryana &  Ors. [JT  1994 (2)  SCC  157].  Therein promotion was  given by  the D.I.G.  to the appellant due to his outstanding  merit in  sports relying upon Rule 13.8 (2) of Punjab  Police Rule, 4734. This Court had held that since the D.I.G.  was competent  authority to  make appointment by promotion and  having considered the appellant therein as an outstanding sportsperson  had promoted  him; it  was done in terms of  Rule 13.8  (2) of  the Rules giving power to grant any temporary  promotion; the  promotion, therefore,  though termed to  be a temporary promotion, was in effect a regular promotion. Under  those circumstances,  it was held that his reversion as  Constable was  bad in law. Admittedly, in this case, the  Superintendent of  Police has promoted him and no approval of DIG was obtained. Under those circumstances, the ratio therein  has no  application to  the facts.  We do not find any  ground  warranting  interference  with  the  order passed by the High Court.      The appeal  is accordingly  dismissed. No  cost. If the appellant is  otherwise eligible,  this order  of  dismissal does not  stand in  his way  for consideration  of his  case according to rules.      C.A. 16847/96 .@ SLP (C) 19421/96:      Leave granted. Following the above order this appeal is also dismissed. No costs.

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