Officiating capacity promotions challenged in Court

Gangtok: When 57 cops were promoted as Police Inspectors in November last year, promotions for all save two,were described as 'officiating capacity'. One of the 55 officiating capacity promo tee has challenged the notification arguing that he deserved confirmed promotion.The High Court on its parts has stayed that notification from being put into effect.
Adup Tshering Bhutia,one of the police officer named in notification dated November14,2006has taken the state government including the police department, to the High Court of Sikkim challenging the description of his promotion as 'officiating' in the notification which said to be the confirmed seniority list of police inspectors.
As per to his submission he is already a confirmed and promo tee as police inspector and that he should be treated as such.He further argues that describing him as promoted as officiating capacity till the date of the notification when his promotion should have been taken as fully confirmed was unjust and discriminatory.
The High Court noted that of all the 57PI's mentioned, only two were confirmed while the rest were described as officiating.On the other hand,the State responded submitting that this was not really a confirmed seniority list and the preparation of the seniority list is ongoing process.
Interestingly, the court noted that all the notification was peculiar as it described almost everybody as officiating in a 'so called confirmed seniority list' and in view of this Sikkim High Court passed an interim order restraining the State Government and its officers,employees and agents giving any effect to the said notification in any manner in so far as it describes its annexture i.e.list of officers as confirmed seniority list.
Recording that this could only be treated as a provisional note, the High Court directed that the description of the petitioner as officiating shall be given no effect whatsoever.
The High court further observed that the respondents were not prevented from declaring the petitioner or anyone else in the list as confirmed if it appears as the right course of action to them in accordance with rules.