LAWS(P&H)-2010-9-759

UJAGAR SINGH ETC. Vs. STATE OF PUNJAB ETC.

Decided On September 07, 2010
Ujagar Singh Etc. Appellant
V/S
State Of Punjab Etc. Respondents

JUDGEMENT

(1.) This Letter Patent Appeal by unsuccessful appellants, has been filed against the judgment dated 10.7.1996 passed by Learned Single Judge. A short question of law which arises for determination is whether the appellants are entitled to tag their service for the purpose of seniority rendered as Constable after they are regularised as Clerk.

(2.) Brief Facts :

(3.) In their reply the respondents have asserted that the petitioners were initially posted as Constables in the Police Department. Subsequently, they were appointed as Clerk on different dates in the Police Department. An objection was raised that their appointment as Clerks is contrary to the provisions contained in the Police Clerical Service (State Service Class III) Rules, 1960. There were 64 Clerks who were appointed by transfer and their services were regularised by exercising the powers under Rule 16 of the Rules. Since, an objection had been raised for their appointments as Clerk from the posts of Constables, the Government also directed that responsibility for making irregular appointments may be fixed.