Punjab-Haryana High Court
Si Hardip Singh vs State Of Punjab And Others on 22 September, 2008
Author: Ashutosh Mohunta
Bench: Ashutosh Mohunta, Rajan Gupta
CWP No. 2424 of 2008 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH.
CWP No. 2424 of 2008
Date of decision: September 22, 2008
SI Hardip Singh --- Petitioner
Versus
State of Punjab and others ---- Respondents
CORAM: Hon'ble Mr. Justice Ashutosh Mohunta
Hon'ble Mr. Justice Rajan Gupta
Present: Mr. KG Chaudhary, Advocate, for the petitioner .
Mr. B.S.Chahal, DAG, Punjab.
Mr. BN Sehgal, Advocate, for respondent No. 5.
Ashutosh Mohunta, J.
The petitioner is aggrieved by the order dated 3-4-2007 ( Annexure P-5), vide which respondent No. 3 has rejected his representation for grant of deemed promotion to the rank of Sub Inspector w.e.f. 18-10-1996, i.e. the date on which persons junior to him were promoted.
Reply has been filed on behalf of respondents No. 1 to 3, wherein it has been averred as under:
"___As in a similar writ petition No. 2153 of 2008 filed by P/ASIs of 1990 batch titled as Inspector Krishan Kumar No. PRT/79, 345/PR and others Vs. State of Punjab, CWP No. 2424 of 2008 2 the Hon'ble High Court was pleased to dispose of the said petition with the directions to the State respondents to decide the seniority of the petitioner within 6 months. The seniority of all officials of Punjab Police is being re-casted and a committee in this regard has been constituted by respondent No.2 i.e. DGP/Punjab, Chandigarh and a report on adjustment of seniority amongst Punjab Police Personnel-2008 re-casting of seniority has been issued vide his memo No. 10982- 11047/E-1(2) dated 8-7-08 ( Annexure R1)."
Counsel for respondent No. 5 states that the impugned orders were passed in the year 2002 whereas the present writ petition has been filed in the year 2008 i.e. after an inordinate delay of more than 5 years.
After hearing counsel for the parties, we dispose of the present writ petition with a direction to respondents No. 1 to 3 to reconsider the claim of the petitioner to the post of Sub Inspector at the time of re-casting the seniority of all the officials. While doing so, they shall also take into consideration the circulars Annexures P6 to P8. The entire exercise be completed within a period of six months from the date of receipt of a certified copy of this order.
[Ashutosh Mohunta] Judge [Rajan Gupta] Judge September 22, 2008 `ask'