MUNISH KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has prayed for quashing of order dated 24.11.2006 (Annexure P-3), and the order dated 4.1.2007 (Annexure P-4), vide which deemed date of the petitioner as Constable, which was initially granted as 18.7.1995, was withdrawn and the petitioner was granted revised date of enrollment as Constable w.e.f. 8.7.1998.

(2.) The petitioner was appointed as Special Police Officer (SPO) on 1.10.1993. Initially, he was given the deemed date of Constable w.e.f. 18.7.1995, vide order dated 29.9.1998, passed by respondent No. 3. Thereafter, the petitioner qualified the Lower School Course and was promoted as Head Constable on 18.7.2005, but the petitioner joined on the said post on 18.8.2005. However, respondent No. 3 vide order dated 24.11.2006 (Annexure P-3) withdrew the deemed date of Constable which was 18.7.1995, given to the petitioner and instead thereof he was given deemed date of Constable as on 8.7.1998, with a direction to respondent No. 4 to effect recovery from the pay of the petitioner. Respondent No. 4 thereafter passed the impugned order dated 4.1.2007 (Annexure P-4), refixing the date of Constable as 8.7.1998, of the petitioner and also ordered recovery in the shape of basic pay and annual increment.

(3.) It has been averred that the deemed date of Constable, which was initially 18.7.1995, had been withdrawn vide order Annexure P-3 without affording any opportunity of hearing to the petitioner.