Punjab-Haryana High Court
***** vs State Of Punjab And Others on 24 April, 2012
CWP No. 6004 of 2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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CWP No. 6004 of 2012
Date of decision : April 24, 2012
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Const. Mohan Lal and others
............Petitioners
Versus
State of Punjab and others
...........Respondents
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CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
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Present: Mr. DS. Rawat, Advocate for
Mr. Tejinder Bhatti, Advocate for the petitioners.
(In CWP No.6004 of 2010)
Mr. Gurminder Singh, Advocate and
Mr. Manpreet Singh Longia, Advocates for the petitioners.
Mr. Suvir Sehgal, Addl. A.G, Punjab.
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AJAY TEWARI, J (ORAL)
This order will dispose of present petition as well as CWP Nos.6004, 21953, 15221, 11520, 23446, 23402, 19526, 7001, 18419 of 2010 and 6336 8405, 21000, 23340 of 2011, 505 of 2012 since they arise from the same facts. For the sake of convenience, the detailed order is being dictated in CWP No.6004 of 2010. The learned Additional Advocate General, Punjab has filed additional affidavit of the M.S Chhina, Assistant Inspector General of Police (Welfare and Litigation), Punjab (in CWP No.21000 of 2011), wherein it has been stated as follows:
'It is most respectfully submitted that on examination, the CWP No. 6004 of 2012 2 committee recommended that the matter may be fairly dealt with in the following manner:-
i. All constables who joined the Armed Wing pursuant to the rotational policy of the DGP office dated 12.11.1992 but before the enactment of the Police Act 2007 would be transferred to the districts provided they fulfill all the parameters as laid down under the policy of 1992 as amended from time to time.
ii. All constables enlisted directly to specific cadres after the enactment of Punjab Police Act 2007 would stay in the respective cadre to which they are recruited. iii.At present, 1341 constables of Commando Bns are eligible for transfer to District Police under the instructions of 18.8.2009. 12835 Constables have been selected in 2011 after the notification of Punjab Police Act 2007 for direct recruitment to District Police out of which 1326 candidates are awaiting joining instructions in view of the stay order of this Hon'ble Court. Results of another 977 vacancies are yet to be finalized. The total number of vacancies available in the District Police is nearly 3850, which means it could be possible to adjust both directly recruited candidates and the eligible commando constables.
5. That in all fairness, all of the 1341 constable of Commando Battalions who are eligible as per the instructions of DGP Punjab 18.8.2009 including the petitioners who fulfill the laid down criteria in this regard may be transferred to District Police. The remnant CWP No. 6004 of 2012 3 constables who had joined the armed wing prior to the notification of the Punjab Police Act 2007 and fulfill all the parameters as laid down in the policy opf 1992 governing transfer from Commando Battalions to District Police as modified from time to time may also be transferred to District Police subsequently.
6. As a result of these measures, there will be an imbalance in the vacancies of the Armed Bns. The committee has suggested the following mechanism to rectify this situation:-
i. Candidates recruited directly to the district cadre shall be sent in batches on temporary attachments to the Commando Wing of the Armed Bns for a period not exceeding one year. ii. The size of the batches and their schedule shall be decided by a Sub-committee headed by Addl. DGP/Law & jOrder.
This mechanism would serve a twin purpose:-
iii.Strength of the Armed Bns shall not be depleted suddenly. iv.The District Police shall get the services of constables well exposed to Commando training.
It is most respectfully prayed that the Hon'ble Court may kindly consider the measures recommended by the committee.
It is also respectfully submitted that the respondents shall comply with the directions/orders of this Hon'ble Court passed in this regard.
It is, therefore, respectfully prayed that the presnet petition filed by the petitioners may kindly be dismissed in the interest of justice.' Learned counsel for the petitioners have stated that they are satisfied that this resolution of this dispute. Resultantly, this CWP No. 6004 of 2012 4 petition is disposed of in terms of the decision which has been taken by the respondents no. 1 & 2 on the recommendations of the said committee. Necessary exercise be concluded within a period of six months of the date of receipt of a certified copy of this order April 24, 2012 ( AJAY TEWARI ) ritu JUDGE