Punjab-Haryana High Court
Harjinder Pal Singh And Others vs State Of Punjab And Others on 28 May, 2013
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 21847 of 2011
Date of Decision : 28.5.2013
Harjinder Pal Singh and others ..... Petitioners
Versus
State of Punjab and others ..... Respondents
CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. Gurnam Singh Advocate, for the petitioners.
Mr. Harsimran S. Sethi, Addl. A.G. Punjab.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioners have approached this Court with a grievance that they have not been assigned proper seniority, for which they are entitled to, in the light of the provisions as contained in the Punjab Police Rules as also instructions issued by the respondents and accordingly, have not been deputed to undergo intermediate school course, to which they are entitled to as per their correct seniority.
The basic facts are being taken from CWP No. 21847 of 2011.
The case was taken up on 30.4.2013 and following order was passed :-
" Counsel for the petitioners on the basis of the reply filed by the respondents in para 6 of the preliminary objections states that the claim of the CWP No. 21847 of 2011 -2- petitioners as per the recommendations made by the Deputy Commissioner of Police, Jalandhar, which has been forwarded by the Commissioner of Police, Jalandhar, vide memo No. 24422 dated 5.4.2013 to the Director General of Police, Punjab, is pending consideration.
Counsel for the State contends that the said recommendations are pending consideration with the Director General of Police and a decision on the same will be taken at an early date.
In the light of the statement made by the counsel for the State that the matter is pending with the Director General of Police and also keeping in view the fact that vid order dated 22.4.2013 the deputation of the private respondents to the Intermediate School Course has been stayed, a direction is issued to the Director General of Police, Punjab to take a final decision on the recommendation dated 5.4.2013 within a period of ten days from today. Decision so taken be placed before this Court.
To come up for further consideration on 20.5.2013. Copy of this order be given dasti to the State counsel under the signatures of the Bench Secretary."
In compliance with the said order, affidavit dated 20.05.2013 was filed in Court. Alongwith the said affidavit, copy of the order dated 17.05.2013 passed by the Director General of Police, Punjab was appended. The case was adjourned for further consideration for today.
I have heard counsel for the parties and with their assistance have gone through the records of the case.
Perusal of the order dated 17.05.2013 passed by the Director General of Police, Punjab, indicates that the grievance of the petitioners stands redressed to a great extent. The relevant portion of the order reads as under :-
CWP No. 21847 of 2011 -3-"3. Instructions No. 24558-24658/E-3 dated 22.9.1998 lays down as under :-
"It has been decided that such Head Constables who have come by transfer in the district and the senior employees of that district on C-1 and C-2 have yet not been promoted in that district, such Head Constables be given a choice either to revert back to the unit from where there they have come or they should be reverted as Constable after obtaining their written consent as per procedure. So that they are promoted as per their seniority. This would not cause injustice to any employee. Even such Head Constables would be included in the same who had got their promotion by showing exemplary work during terrorism."
4. As per record, 3 private respondents No. 5, 10 and 17 were transferred to Jalandhar district before the instructions dated 22.9.1998 were issued. Hence these instructions are not applicable to them. The remaining 12 private respondents came on transfer from other districts to district Jalandhar after the instructions dated 22.9.1998 came into effect. Petitioners No. 1 and 2 were promoted as Head Constables before 22.9.1998, so they are not eligible for deemed dates at par with the private respondents.
5. Two issues are involving in the demand of the petitioners -
i. Deemed dates at par with the private respondents who came on transfer from other Districts/Units.
ii. Whether they are entitled to be sent for Intermediate School Course.
CWP No. 21847 of 2011 -4-6. It is seen that at the time of transfer of the private respondents, some of the petitioners were still Constables who had qualified for C-I list and were awaiting their promotion as regular HCs. When another HC was transferred to the district against a vacancy of HC, according to the instructions dated 22.9.1998, he had to be given a choice either to revert back to the unit from where they had come or they should be reverted as Constable after obtaining their written consent as per procedure, so that they are promoted as per their seniority, so that it may not cause injustice to any employee.
7. If the vacancy was not filled by the Head Constables came on transfer, then the senior most constable on the C-1 list would have been promoted as regular HC against that vacancy. For instance, petitioner No. 3 namely HC Sukhwinder Pal Singh No. 2202/Jall was promoted as Head Constable on 1.6.2000 (C-I 1.9.1992). Before his promotion as HC, only two officials namely HC Surinder Pal Singh No. 1695/Jall. (private respondent No. 7) and HC Jaswinder Singh No 2132/Jall. (private respondent No. 11) were transferred to district Jalandhar on 3.4.1999 and 23.5.2000 respectively. Both of these are junior to him in C-I date but had joined Jalandhar district after being promoted as HCs. As per the instructions dated 22.9.1998, they are to be reverted as constable and be placed at the tail on the date of their joining in Jalandhar district or they have to be repatriated to their parent district. These two vacancies of head constables are to be given to the senior most C-I constables present in Jalandhar on that day. As per list provided by office of Commissioner of Police, Jalandhar, 37 C-1/C-2 were promoted to the rank of Head Constable w.e.f. 1.6.2000. In this list Sh. Raghbir Singh, Palwinder CWP No. 21847 of 2011 -5- Singh, Gurdip Singh are senior to petitioner No. 3 namely Sh. Sukhwinder Pal Singh. As such these two vacancies dated 3.4.1999 and 23.5.2000 are to be given to S/Sh. Raghbir Singh, Palwinder Singh. This will not effect on the dates of the petitioners No. 1, 2 and 3. Likewise the claim of all the petitioners has to be decided in view of the facts mentioned herein before. The petitioners also urged that their seniority may be fixed as per the order No. 38220-26/A-4 dated 30.10.2012 of SSP Amritsar- Rural in compliance with the orders of Hon'ble High Court in CWP No. 7715 of 2012 filed by HC Gopal Singh No. 23/ASR-R and 21 others. The SSP Amritsar-R had withdrawn the above said orders. They further constituted a committee of the officers/officials to re- examine and revise the seniority of Head constables posted in their district in the light of directions/instructions contained in their letter dated 22.9.1998. Therefore, the petitioners can not claim deemed dates on behalf of the above said orders of SSP- Amritsar-R.
8. At present the seniority of all HCs is maintained at the State level and they are being sent for Intermediate School Course as per their date of promotion as regular HCs. The last HC selected for Intermediate School Course commenced w.e.f. 22.4.2013 was promoted as Head Constable on 19.3.1997. The departmental instructions on the basis of which the petitioners are claiming deemed dates at par with the private respondents took effect after 22.9.1998. Hence even if the petitioners, as explained in the para above are given deemed dates, these dates would be post 22.9.1998. As such the latest date of promotion of the present batch of HCs on training in the Intermediate School Course is 19.3.1997. There is CWP No. 21847 of 2011 -6- no cause for the petitioners to be sent to Intermediate School Course as on date.
9. Commissioner of Police, Jalandhar should relieve all the officials who came on transfer from other districts/units and have given their option to repatriate to their parent units as per the recommendations of Deputy Commissioner of Police, Jalandhar. If any other official is left out, the action be taken in accordance with the instructions dated 22.9.1998. Accordingly, the seniority of Head Constables be prepared after giving deemed dates to deserving officials immediately.
This order has the approval of DGP.
A copy of the above be supplied to the petitioners."
In the light of the above order, which has been passed by the Director General of Police, Punjab, counsel for respondents states that the present writ petition has been rendered infructuous.
Counsel for the petitioners, on the other hand, submits that the petitioners are only apprehensive that after re-fixation of the seniority as per the order passed by the Director General of Police, Punjab, the consequential steps would not be initiated by the respondents, which would include assigning them promotion to the post, which would become available after the repatriation of the officials who had come on transfer from other districts/units.
This apprehension of the counsel for the petitioners is mis-
conceived as the consequences of the order dated 17.5.2013 would follow as per the position, which was prevalent when instructions dated 22.9.1998 was issued by the Director General of Police, Punjab, till the coming into force of the Punjab Police Act, 2007. It goes without saying that this exercise with regard to taking further follow-up action shall be completed by the respondents within a period of two months from today.
CWP No. 21847 of 2011 -7-The writ petition stands disposed of accordingly.
Counsel for the State on instructions states that the passing of the intermediate school course by the private respondents, who have already been deputed to undergo the course, shall not confer any right upon them qua the seniority or other benefits and the principles as have been laid down by the Director General of Police, Punjab, in order dated 17.5.2013, shall be made effective qua them and others as well.
(AUGUSTINE GEORGE MASIH) JUDGE 28.5.2013 sjks