R L BHAGAT Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Present Letters Patent Appeal has been filed questioning the order dated 29.5.2009 passed by the learned Single Judge of this Court, thereby dismissing the writ petition by observing that roster point appointment will not determine the seniority and the seniority will remain on the basis of merit in the case of direct recruitment and on the basis of length of service on the substantive basis in the feeding channel on the promotional post.

(2.) Brief facts of the case are that the writ petitioner and respondents No.2 to 7 were recruited as Deputy Superintendent of Police on the recommendations of the Punjab Public Service Commission vide memo dated 24.10.1985. The writ petitioner made representation for fixing seniority on the basis of roster point. On the representation of the writ petitioner, Home Department modified the merit seniority to the roster point seniority. In the meanwhile, petitioner and the private respondents were considered for induction into IPS and all of them were inducted into IPS in the year 1995. The petitioner and the private respondents were further promoted to the rank of Deputy Inspector General of Police with effect from 1.1.2005 vide State government order dated 24.4.2006.

(3.) It seems that an instruction dated 22.10.1999 was issued to fix seniority by not treating roster point as seniority point. Consequently notice dated 12.3.2008 was issued to redetermine seniority on the basis of instruction dated 22.10.1999 ignoring the roster point. The petitioner replied to the notice vide reply dated 25.4.2008. Ultimately, order dated 22.9.2008 Annexure P-13 was passed redetermining seniority ignoring the roster system. The petitioner has questioned its legality, validity and constitutionality in the writ petition.