LAWS(P&H)-1991-4-254

H C LAXMI NARAIN Vs. STATE OF HARYANA

Decided On April 29, 1991
H C LAXMI NARAIN Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) The question of law involved in this petition relates to the right of the petitioners, who are Head Constables in the Haryana Police, for being deputed for the Intermediate School Course at the Police Training College, Madhuban (Karnal), and their consequential entitlement to the benefits of seniority and promotion to higher ranks. In fact, this question stands already settled by the Full Bench judgment of this Court reported as Sardul Singh, Head Constable v. Inspector General of Police, Punjab and others, 1970 SLR 505. Even the subsequent judgment of this Court in Surjit Singh v. State of Punjab etc., 1977 CurLJ(Civ&Cri) 385 (Full Bench) : Rishi Pal, Head Constable and others v. The State of Haryana and others,1986 2 SLR 717 and Offg. A.S.I. Lekh Ram v. The State of Haryana, C.W.P. No. 1298 of 1991, decided by I.S. Tiwana, J. on 5th February, 1991, relied upon by the learned counsel for the petitioners, do not change the position of law and the respondents remain duty bound to depute every Head Constable on List 'C' to undergo the Intermediate School Course strictly in the order of his seniority determined in accordance with Rule 13.8 of the Punjab Police Rules, 1934 , Volume II, as applicable to the State of Haryana.

(2.) In the first instance, the Deputy Inspector General of Police of the Range concerned shall depute the confirmed Head Constables for the Course according to the seniority list of the Range, and after the list of confirmed Head Constables is exhausted, then the Head Constables on probation, and last of all the officiating Head Constables. The Head Constables so qualifying the Intermediate School Course, shall be entitled to all the consequential benefits of seniority and promotion to higher ranks arising therefrom, in accordance with Rules 13.8 and 13.9 of the aforesaid Rules.

(3.) Learned counsel for the petitioners, however, has vehemently contended that the seniority of the Head Constables has to be determined by the Inspector General of Police on State-wise basis and not by the Deputy Inspector General of Police, on Range-wise basis. I do not find any merit in this contention as under Rules 13.8 and 13.9 of the Rules, seniority of Head Constables has to be determined by the Deputy Inspector General of Police according to the Range and not on State-wise basis. This matter, therefore, stands settled and has assumed finality and there is no warrant for re-opening the same. Still, if confirmation of any Head Constable has been made or benefit of seniority or promotion has been granted to any Head Constable in violation of the aforesaid Rules and the rights of senior persons have been adversely affected, it is the duty of the respondent authorities to look into the matter and redress the genuine grievances of the senior Head Constables promptly.