Punjab-Haryana High Court
State Of Punjab And Others vs Hc Roshan Lal And Others on 23 March, 2011
Author: T.P.S. Mann
Bench: T.P.S. Mann
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
L.P.A. No. 456 of 2011 (O&M)
Date of Decision : March 23, 2011
State of Punjab and others
....Appellants
Versus
HC Roshan Lal and others
.... Respondents
CORAM : HON'BLE MR. JUSTICE M.M. KUMAR
HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr.Piyush Kant Jain, Additional Advocate General, Punjab
for the appellants.
Mr. Manu Bhandari, Advocate
for the respondents-writ petitioners.
1. To be referred to the Reporters or not ?
2. Whether the judgment should be reported in the Digest ?
M.M. KUMAR, J.
1. The writ petitioner-respondents approached this Court with a prayer for issuance of direction to the appellant to assign them the duties of executive clerical cadre and no other duties. A prayer for interim relief was also made restraining the appellant from taking the duties of any other cadre from them, like forcing them to undergo parade test. However, an omnibus prayer made was that the appellant be directed to implement the order dated 10.1.2008 (P.16). The writ petitioners-respondents are members of the executive clerical cadre in the rank of Constable/Head Constable/Assistant Sub Inspector/Sub Inspector or other. According to the order dated 10.1.2008 (P.16), the L.P.A. No. 456 of 2011 (O&M) -2- duties to be performed by the writ petitioners-respondents have been clarified in last para of the order, which reads as under :-
"Therefore, now it has been decided that henceforth the members of the Executive Clerical Cadre (both approved and extra hands) shall not be put to routine law and order duties/VIP duties. However, they may be put on election duties, VVIP duties and emergency duties with the personal approval of the Senior Superintendent of Police. They shall also not be put to weekly parade." (emphasis added)
2. It is, thus, evident that the members of executive clerical cadre (both approved and extra hands) could be put on election, VVIP and emergency duties with the personal approval of the Senior Superintendent of Police and they shall also not be put to weekly parade.
3. Learned counsel for the parties have stated that alongwith the instant appeal, the writ petition may also be disposed of because they are ad idem.
4. When the matter came up for consideration before the learned Single Judge, the writ petition filed by the respondents was admitted on 29.11.2010 and in the meanwhile direction was issued to the appellants that the writ petitioners were not to be posted for general duty of police and they would be asked to work in the executive clerical cadre. A further liberty was granted to the appellants to depute the writ L.P.A. No. 456 of 2011 (O&M) -3- petitioners for election duties.
5. Feeling aggrieved by the interim order dated 29.11.2010, the State and its Officers have filed the instant Letters Patent appeal under Clause X by urging that the writ petitioners-respondents themselves desired implementation of letter dated 10.1.2008 as is evident from their prayer made in the petition. According to the tenor of the letter dated 10.1.2008, the writ petitioners-respondents could be put on election/VVIP and emergency duties with the personal approval of the Senior Superintendent of Police. However, by the interim order passed by the learned Single Judge, the appellants have been asked to take work from the writ petitioners-respondents working on executive clerical cadre alone with liberty to depute them for election duties.
6. Mr. Piyush Kant Jain, learned Additional Advocate General, Punjab has submitted that once the prayer made in the writ petition was for implementation of the letter dated 10.1.2008 then by interim the scope the letter, as envisaged by last para, cannot be curtailed. The appellants are entitled to put the member of the executive clerical cadre (both approved and extra hand) on election/VVIP and emergency duties, provided the Senior Superintendent of Police of the district has accorded the approval.
7. Mr. Manu Bhandari, learned counsel for petitioners- respondents No.1 to 60 does not dispute the aforesaid version and has agreed that the writ petition itself may be disposed of by directing the L.P.A. No. 456 of 2011 (O&M) -4- appellants to strictly follow the letter dated 10.1.2008 (P.16).
8. In view of the agreed statement made by the parties, the writ petition itself is disposed of and a direction is issued to the appellants to put the executive clerical cadre on election/VVIP and emergency duties etc. as is envisaged by letter dated 10.1.2008 (P.16).
9. Accordingly, instant appeal as well as writ petition stand disposed of in these terms.
10. A photocopy of this order be placed on the file of C.W.P. No.15209 of 2007.
( M.M. KUMAR )
JUDGE
( T.P.S. MANN )
March 23, 2011 JUDGE
satish