Punjab-Haryana High Court
Constable Rajinder Kumar vs State Of Punjab Through Principal ... on 6 September, 2010
Author: Rakesh Kumar Jain
Bench: Rakesh Kumar Jain
CR No.2295 of 2010 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CR No.2295 of 2010 (O&M)
DATE OF DECISION: 06.09.2010
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Constable Rajinder Kumar
. . . . Petitioner
VS.
State of Punjab through Principal Secretary Home, Department of Home
Affairs & Justice, Mini Secretariat, Punjab Chandigarh and others
. . . . Respondents
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CORAM : HON'BLE MR.JUSTICE RAKESH KUMAR JAIN
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Present: - Mr.G.C. Rattan, Advocate for the petitioner.
Mr.Ram Lal Gupta, Addl. A.G. Punjab for the respondents.
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RAKESH KUMAR JAIN J. (ORAL)
This revision petition is directed against order dated 29.10.2009 (Annexure P-1) passed by Additional Civil Judge (Sr. Divn.), Ropar by which Head of Account 2055- Police (except salary & petrol) was released from attachment.
The brief facts of the case are that the petitioner had filed the suit challenging the non-grant of relaxation in height and chest to him even while granting the same to one SPO Raj Kumar on 13.8.1993. The said suit was dismissed, however, his appeal was allowed. Since, no CR No.2295 of 2010 (O&M) -2- relief was granted to the petitioner despite the appeal allowed by the First Appellate Court, he filed execution the petition and at that time he was given starting scale of pay of Constable. Since, the respondents refused to grant any relief vide order dated 24.10.2005, the Head of Account 2055- Police (except salary & petrol) was attached. Pursuant to this attachment, petitioner was enlisted as Constable w.e.f. 01.11.2006 and was given the starting pay scale thereof. However, since other relief including fixation of pay, payment of arrears and fixation of seniority were not granted, again Head of Account was attached. On 23.02.2008, the learned Executing Court recorded that both the parties had filed their calculations as per which certain amount had been admitted, which was payable and statement was made on behalf of respondents that the admitted amount would be paid on the next date of hearing. But the pay was fixed, the arrears were not paid and the seniority was not corrected. By the impugned order, the order or attachment was released. This Court vide its order dated 11.5.2010 stayed the operation of the impugned order and clarified that Head of Account 2055- Police (except salary & petrol) shall stand attached. It was made clear that in case the necessary figures are not brought before this Court on the adjourned date, further coercive action could also be taken against the respondents.
Pursuant to the aforesaid order dated 11.5.2010, an amount of `8,25,248/- was paid to the petitioner vide cheque No.154406 dated 18.6.2010. However, the order with regard to fixation of seniority was not passed but on the assurance of counsel for the respondents, order dated 11.5.2010 was modified and and Head of Account 2055- Police (except salary & petrol) was released.
CR No.2295 of 2010 (O&M) -3-
On the last date of hearing, Mr.Shavinderjit Singh, PPS, S.P. Headquarter, Ropar stated before this Court that the matter is in process and shall be finalized within a period of four weeks. Relied upon the said statement, last opportunity was granted on 13.7.2010.
Today, Mr.Ram Lal Gupta, Addl. A.G. Punjab has placed before this Court an order dated 03.09.2010 passed by the Commandant 75th Battalion, PAP, Jalandhar Cantt., which reads as under: -
"The Director General of Police, Punjab Chandigarh vide his office FAX No.4605/LA-2, dated 31.08.2010 has issued direction to Director General of Police, Armed Battalion, JRC that CT Rajinder Kumar No.75/189 (SPO No.46/FR/RPR) may be granted seniority of Constable from the date any SPO junior to him was allotted constabulary number in Distt. Ropar.
Senior Supdt. of Police, Ropar vide his office memo No.48085/CSC, dated 01.09.2010 intimated that SPO Dattar Singh No.398-FP/RPR now CT No.585/RPR, who is next junior of Distt. Ropar to CT Rajinder Kumar No.75/189 (SPO No.46/- FR/RPR) was enlisted as Constable in Distt. Ropar on 13.09.1993.
Accordingly, in compliance with the Director General of Police, Armed Battalions, Jalandhar Cantt's office order No.16681-83/CB-PC dated 01.09.2010, CT Rajinder Kumar No.75/189 SPO No.46-FR/RPR is hereby granted deemed date of enlistment as Constable w.e.f. 13.09.1993 instead of 11.02.2006 (actual) subject to the final out come of C.M. No.15651-CII of 2010 in Civil Revision NO.2295 of 2010 pending in the Punjab & Haryana High Court, Chandigarh.CR No.2295 of 2010 (O&M) -4-
Sd/-
Commandant 75th Battalion PAP, Jalandhar Cantt.
No.27652-59 dated 3.9.2010"
He has also placed on record another order dated 4.9.2010 passed by the same authority by which pay of the petitioner has been refixed, which reads as under: -
"The Director General of Police, Punjab Chandigarh vide his office FAX No.4605/LA-2, dated 31.08.2010, the Director General Director General of Police, Armed Battalions, Jallandhar Cantt's office order No.16681-83/CB/PC dated 01.09.2010 and this office order No.27652-59/CRC dated 03.09.2010, Constable Rajinder Kumar No.75/189 (SPO No.46/FR/RPR) has been granted deemed date of enlistment as Constable w.e.f. 13.09.1993 instead of 11.02.2006 (actual), subject to final out come of C.M. No.15656-CII of 2010 in Civil Revision NO.2295 of 2010 pending in the Punjab & Haryana High Court, Chandigarh.
As such, in compliance with the directions received referred to above, the pay of Constable Rajinder Kumar No.75/189 (SPO No.46-FP/RPR) is hereby re- fixed w.e.f. 13.09.1993 as noted below in the pay scale of `3120-5160 and in the revised pay scale of `5910-20200 + 1900 and Rs.5910-20200+1950: -
Pay already Pay Re-fixed from deemed drawing date 11.02.2006 13.9.1993 - 1020 + 30/- 5910+1900 = 7810 Deemed date as Constable.CR No.2295 of 2010 (O&M) -5-
01.02.2007 01.9.1994 - 1055 + 30/- 6150+1900 = 8050 A/Increment 01.02.2008 01.9.1995 - 1090+ 30/- 6400+1900 = 8300 A/Increment 01.02.2009 01.1.1996 - 3550 6650+1900 = 8550 In revised pay scale 01.02.2010 01.9.1996 - 3660 6910+1900 = 8810 A/Increment 01.9.1997 - 3780 A/Increment 01.9.1998 - 3900 A/Increment 01.9.1999 - 4020 A/Increment 01.9.2000 - 4140 A/Increment.
01.9.2001 - 4260 A/Increment.
13.09.2001- 4400 8 yrs. Placement.
01.9.2002 -4550 A/Increment.
01.9.2003 - 4700 A/Increment.
01.9.2004 - 4850 A/Increment.
01.9.2005 - 5000 A/Increment.
01.1.2006 9300+1950 = 11250 In revised pay scale w.e.f. 1.1.2006 01.9.2006 - 9640+1950 = 11550 A/Increment.
01.9.2007 - 9990+1950 = 11940 A/Increment.
01.9.2008 - 10350+1950 = 12300 A/Increment.
01.9.2009 - 10720+1950 = 12670 A/Increment.
13.9.2009 -11110+1950 = 13060 16 yrs. Increment (Proficiency step up) In view of the above stated circumstances, it appears that seniority of the petitioner has been refixed as he has been granted CR No.2295 of 2010 (O&M) -6- deemed date of enlistment as Constable w.e.f. 13.9.1993 instead of 11.02.2006 (actual) subject to the final out come of the present petition.
To my mind, the order is not required to be made conditional i.e. subject to outcome of revision petition if the authority had found that the petitioner is enlisted as Constable w.e.f. 13.9.1993.
In view of the above, there is nothing left in the present revision petition to be decided and hence the same is hereby disposed of.
(RAKESH KUMAR JAIN)
SEPTEMBER 06, 2010 JUDGE
Vivek