KARNAILSINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Both the appeals are disposed of by a common judgment since same point is involved for adjudication. These appeals by special leave arise from the order of the division bench of the High court of Punjab and Haryana in Civil Writ Petition No. 2636 of 1986 dated 13/8/1986 and Civil Writ Petition No. 2719 of 1986 of the judgment. Admittedly the appellants were holding substantive posts as head constables. They were sent to undergo intermediate course of training in the year 1976 and they were put in the 'g' List and they were temporarily promoted as officiating Sub-Inspectors on 1/5/1981. Thereafter on 1/4/1994 they were selected for undergoing training of upper school course at Police Training College, Phillaue in Jullundur District. After completion of the training instead of promoting them as Inspectors in the meantime they were reverted as head constables. They filed writ petitions as stated earlier and the High court dismissed the writ petitions.

(2.) It is seen from the proceedings Annexure-P at page 32 of the Paper Book that the appellants were not promoted as Inspectors. Though the appellants have completed the upper school course ending with the term August 1984 they have been ignored and not included on the 'e' List due to their chequered service record. Mota Singh and Karnail Singh though have been categorized in that category, in paragraph 4 of the same order they have been promoted on ad hoc is w. e. f. 4/10/1984. Admittedly Mota Singh, head constable No. 80/1 19 and karnail Singh, head constable No. 82/22 are juniors to the appellants in the seniority mentioned in the order. When the appellants have been standing in the me position as Mota Singh and Karnail Singh and seniors to them necessarily they should also get the same treatment. Unfortunately that was not meted out. It sought to be contended on behalf of the State that due to bad record and verse confidential report, they have not been given the promotion. Even summing that they had adverse remarks, admittedly no enquiry was made, no findings were given after conducting an enquiry and after giving an opportunity the appellants. Therefore, their reversion as head constables is clearly illegal. though they have been promoted subsequently in 1987-88 respectively, they list be deemed to have been promoted on a par with juniors w. e. f. 8/10/1984. the appellants are accordingly entitled to the above declaration and the sequential benefits. The appeals are allowed and writ issued. No costs.