JAI NARAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Sarvshri Jai Narain and Panna Ram petitioner Nos. 1 and 2, respectively, have filed the present writ petition under Articles 226 and 227 of the Constitution of India against respondent Nos. 1 to 5 and they have made a prayer for the quashment of the order Annexure P-12 vide which the claim of the petitioners for promotion to the rank of Inspectors has been rejected. According to the petitioners this order has been passed in arbitrary and discriminatory manner without assigning any reason. It has also been prayed by the petitioners that the letters Annexures P-5 and P-6 vide which the representations of other petitioners have been rejected be also set aside.

(2.) The case set up by the petitioners is as follows :

(3.) According to petitioner No. 1 Shri Jai Narain, he was enlisted as Constable in the Haryana Armed Police on 30.1.1970 and petitioner No. 2 Shri Panna Ram was enlisted as Constable on 1.12.1970. The Government of Haryana in the year 1972 decided to establish Finger Prints Bureau at Madhuban as there was no Finger Print Bureau for that purpose. Such Bureaus were in existence in the other States, including the State of Punjab. It was decided by the Government to train their own constables. A circular was issued on 27.1.1972 to all the DIG/CID of the different ranges in the State and they were directed to recommend/forward the names of the suitable Constables who were willing to undergo the training of Finger Print Bureau at Phillaur. It was decided by Government that the constables who will be deputed for training will undergo training for six months at Philaur and thereafter they would be promoted as Head Constables on the basis of the report after successful completion of their training. In pursuance of the said circular dated 27.1.1972 issued by the Government, the petitioners volunteered themselves to undergo the said training at Finger Print Bureau Phillaur and they were deputed for training from 1.4.1972 to 30.9.1972. The petitioners underwent the training successfully and they reported back to the C.I.D. Headquarters on 10th October, 1972. Resultantly, the petitioners were promoted on 28.3.1973 in the C.I.D. Department, Haryana. The Government thereafter set up its own Finger Print Bureau at Rohtak w.e.f. 1.10.1976. The petitioners were required to give their willingness to accept their postings in the Finger Print Bureau as their future career permanently to which the petitioners gave their consent in writing on 1.10.1974 and thereafter, the petitioners were absorbed. With a view to encourage the officials who gave their willingness to serve at the newly created Finger Print Bureau, the eligible officials including the petitioners were promoted as ASI on 1.10.1974. Thereafter petitioner No. 1 had passed the Finger Print Expert Certificate Examination in the year 1975 and petitioner No. 2 passed the same examination in the year 1979. As a result of which both of them promoted on adhoc basis to the rank of Sub Inspector w.e.f. 6.8.1976 and 28.3.1979 respectively.