(1.) Cm Nos. 3250-51 of 2019 & CM No. 8833 of 2019: Through the instant Writ Petition under Article 226 of the Constitution, the Petitioners are seeking quashing of order dated 27.11.2008 (Annexure P-8), Order dated 18.05.2008 (Annexure P-9) and Order dated 13.08.2009 (Annexure P-10), whereby the private respondents have been promoted as Inspectors of Police, as also order dated 30.06.2009 (Annexure P-2), order dated 15.06.2009 (Annexure-P-3) and further order dated 30.06.2009 (Annexure-P-4) whereby the petitioners have been confirmed as Sub Inspectors in Haryana Police.
(2.) Since the filing of the instant Writ Petition, various Civil Miscellaneous Applications were moved by the petitioners whenever the cases of eligible Inspectors were called for further promotion as Deputy Superintendent of Police. The said applications were disposed of with a direction that all these promotions shall remain subjected to the outcome of the Writ Petition. However, on another Civil Miscellaneous application, CM No. 8833 of 2019, filed by the Petitioners, this Court vide an order dated 13.09.2019, restrained the Respondent-State from pursuing the departmental proceedings for promotions to the post of Deputy Superintendent of Police, till the next date of listing. The stay order was further continued by subsequent orders till the final decision of the case. The resultant position is that no Inspector has been promoted to the post of Deputy Inspector since then.
(3.) Few facts emerging from record and necessary for adjudication of present controversy are that the Petitioners are direct recruits on the post of Sub-Inspector of Police whereas Respondent No. 4 to 32 were promoted as Sub-Inspector from the rank of Assistant Sub Inspector. In the State of Haryana prior to 2001, 100% posts of Sub Inspector of Police used to be filled by way of promotion, however vide notification dated 24.12.2001, the State Government carried out an amendment in the Rules and introduced 50% quota for direct recruitment in the rank of Sub Inspector by substituting Rule 12.3 which is extracted below:
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