Prayagraj. An inspector won the 46-year-long legal battle to become an inspector after retirement at the age of 85. Allahabad High Court has ordered to give the benefit of promotion to the post of Inspector to the former Inspector from March 16, 1980.
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This order has been given by the division bench of Justice Arindam Sinha and Justice Satyaveer Singh on the petition of Etawah resident Ram Avtar Singh Yadav. The court said that the Police Department could not prove that the adverse entries on the basis of which the promotion was stopped were ever even informed to them. The court accepted that the police department did injustice and discrimination to the petitioner in the matter of promotion. Ram Avtar Singh Yadav retired from the post of police station chief in 1999. After not getting promotion, he had given a representation to the department. The DGP had rejected his promotion claim on April 6, 2010.
After this he approached the State Public Service Tribunal, where his petition was rejected on 30 November 2012 and the review petition on 10 June 2013. He filed a petition against this in the High Court, which was rejected on 16 February 2015 due to inadmissibility. After this the petitioner filed a restoration application.
Citing the decisions of the Supreme Court, the High Court reinstated the rejected petition and started the hearing on merits. The court found that the order of the then DGP had stated that the petitioner was included in the selection process for promotion. He was also interviewed. However, the department could not produce any record or mark sheet of the marks obtained by the petitioner and other successful candidates.
'The petitioner never received information about adverse entries'
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There were adverse entries in the service book of the petitioner for the years 1973, 1975, 1978, 1979, 1981, 1987 and 1994, but the Department could not prove whether these entries were duly disclosed to the petitioner or not. At the same time, the petitioner also argued that he was never informed about the adverse entries.
The court also commented strongly on the attitude of the tribunal. Said that a person cannot be expected to prove that he was never told anything. It is not possible to prove negative facts. The Department should have proved that the petitioner was duly informed about the adverse entries. The Tribunal committed a legal error on this aspect by putting the burden of proving negative facts on the petitioner.
The court has ordered the government to give the benefit of promotion to the post of Inspector to the petitioner Ram Avtar Singh Yadav from March 16, 1980. Also, their salary till their retirement and other admissible benefits and the corresponding retirement benefits should be calculated and paid within four weeks.
The journey from the appointment of Ram Avtaar to the decision of the High Court
Appointment : He was appointed as Sub-Inspector in the Police Department and later worked as Station Officer.
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16 March 1980: From this date, the High Court has ordered to give him the benefit of promotion to the post of Inspector.
1973 to 1996 : Adverse entries and penal entries of different years were mentioned in the departmental records.
1999 : Ram Avtar Singh Yadav retired from the post of Station Officer. The promotion dispute could not be resolved till then.
6 April 2010: The DGP rejected his promotion claim.
30 November 2012 : The State Public Service Tribunal rejected the claim petition of the petitioner.
10 June 2013 : The tribunal also rejected the review petition.
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16 February 2015: The writ petition filed in the High Court was rejected as inadmissible.
11 December 2025 : The petitioner's reinstatement application was also rejected due to lack of advocacy.
May-July 2026 : The 85-year-old petitioner continued appearing in the High Court and pleading the case for his reinstatement and promotion. The court summoned old records and documents related to the promotion process from the department.
August 2026 : Won victory from High Court.