LAWS(P&H)-2001-12-113

HEAD CONSTABLE RAGHUNATH TYAGI Vs. STATE OF HARYANA

Decided On December 04, 2001
HEAD CONSTABLE RAGHUNATH TYAGI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Head Constable Raghunath Tyagi, has filed the present writ petition against the respondents under Articles 226 and 227 of the Constitution of India and the petitioner has prayed for the quashment of the order dated 23.3.1995 vide which the representation of the petitioner was rejected and also the order dated 20.11.1996 vide which his appeal was also rejected by respondent No. 2.

(2.) The case set up by the petitioner is that the was appointed as a constable on 28.1.1978. He passed his basic training course in 2nd position on 31.3.1979 and he was posted in the Executive Clerical Cadre with a special pay of Rs. 20/- per month on 31.10.1979. The petitioner was promoted to the post of Head Constable in that very cadre i.e. Executive Clerical Cadre on 19.8.1981. Respondent No. 4 asked the consent of all the constables as to whether they would like to remain in the Executive Clerical Cadre or they would like to be reverted to General District Cadre. The petitioner gave the consent on 18.11.1981 that he may reverted to the General District Cadre. According to the petitioner, Shri Baljit Singh and Prem Singh constables were transferred to District Police Cadre at Jind and Ambala. They were juniors to the petitioners. In these circumstances, the petitioner could also have been reverted to the General Police Cadre in the year 1982 itself and then as per his seniority he should be promoted to the various posts such as ASI, SI and Inspector as per his turn and service record. The petitioner made a representation dated 30.3.1983 before respondent No. 4 highlighting that he should also have been reverted to the General Police Cadre. In the year 1984, the petitioner was sent on deputation to the Chandigarh Police. The grievance of the petitioner further is that his juniors were promoted as ASI in the year 1994. When he came to know about this fact he made further representation to the department. Ultimately, he filed a Civil Writ Petition in the High Court in the year 1995 which was disposed of by giving the directions to the respondents to decide the same within a specified time and finally the representation of the petitioner was rejected vide impugned order annexure P- 1. In short, the case set up by the petitioner is that since he gave the consent and forgo his promotion in the year 1981, by making a request to the department to revert him to the post of constable in General Police Cadre, the same has not been done. Resultantly a disadvantage has occurred to him on account of various persons who according to the petitioner are juniors to him. Hence the present writ petition in the year 1997.

(3.) The notice of the writ petition was given to the respondents. They filed the written statement and denied the allegations. The position has been explained by the department and it has been inter alia averred in the written statement that there are two different cadres in the Haryana Armed Police; one is Executive Police Clerical Cadre and the other is General Police Cadre. Seniority of each cadre is maintained separately. The petitioner left the Executive Clerical Cadre willingly and of his own free will and joined the General Police Cadre in the Haryana Armed Police. The petitioner now cannot claim the promotion to the post of Sub Inspector from the date on which the respondent No. 7 was promoted in his previous Executive Clerical Cadre as he had already lost his lien in the said cadre because of the reason that his name was removed from the Executive Clerical Cadre on his own written request. It was also averred by the respondent that petitioner is taking contradictory pleas as on one hand he is claiming seniority in the Executive Clerical Cadre above respondent No. 7 and on the other hand he is submitting that he may be transferred to the District police. On merits, the stand of the respondents is that the name of the petitioner was removed from Executive Clerical Cadre and he was reverted to his original rank as constable and placed at his original seniority in the General Duty Cadre and was posted in 3rd Battalion Haryana Armed Police. He was transferred to District Police according to new seniority but his turn did not come and matured for his transfer to District Police at the time of his removal from Executive Clerical Cadre to General Duty Cadre. The petitioner has himself stated in his application on 14.10.1981 that he may be sent to District Police permanently as constable on his turn as per seniority. With this broad defence, the respondents prayed for the dismissal of the writ petition.