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PETITIONER: RANA PRATAP SINGH

       Vs.

RESPONDENT: STATE OF U.P. & ORS.

DATE OF JUDGMENT:       20/02/1997

BENCH: K. RAMASWAMY, S. SAGHIR AHMAD

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      This appeal  by special  leave arises from the judgment dated 17th  November, 1983  of the  judgment passed  by  the Allahabad High Court in W.P. No. 2869 of 1983 etc. W.P. 2880 of 1983 having been filed by the appellant herein.      The Lucknow  bench of  the High  Court by  order  dated November  17,   1983  dismissed   all  the   writ  petitions Subsequently, pending appeals, the Government had decided by proceedings dated  December 1, 1984 to sanction the creation of 1300  supernumerary post of civil police in the pay scale of Rs.  515-860/- and  that  "only  those  officiating  Sub- Inspector  will   be  absorbed   on  these  posts  who  have officiated on  the posts of Sub-Inspector for three years or more till  30th September,  1984". This Court on 19th April, 1985 while  disposing of the C.A. no. 8820 of 1983 and batch and directed  the Government  to consider  the cases  of all those persons  who had  completed three years or more in the light  of  the  above  direction  for  absorption  in  those supernumerary posts  and promoted  under  para  191  of  the Police Officer  Manual. In  respect of  other  Sub-Inspector covered under  the said para 191 who had not completed three years of service, the reversion stood upheld.      The  appellant  herein  claims  that  he  was  promoted temporarily in  February 1976  as a  Sub-Inspector  and  was appointed on that premise and that he had been continuing in that post till he was reverted on May, 1983. It would appear that  pending  appeal,  the  appeal,  obviously,  must  have retired from  service. However, if the case of the appellant had been  considered in the light of the direction issued by this Court, no further action would have been needed. If the Government did  not consider  his case  since the appeal was pending, it  is now  for the Government to consider his case in  accordance   with  rules  for  temporary  promotion  and confirmation in  on of  the 1300 supernumerary posts created by the  Government by  the aforesaid  order dated 19th April 1985 passed  by this  Court, and to pass appropriate in that behalf.      The appeal is accordingly disposed of. No costs.

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