ISHWAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition by constable Ishwar Singh against the order terminating his services on the ground that he was overage on 7.7.1989 when he was recruited in the Ist Bn. of the H.A.P. (Annexure P-4).

(2.) The petitioner was admittedly born on 30.4.1962. He was enrolled as a constable on 29.4.1989. The certificate of enrolment issued to him under Rule 12.22 of the Punjab Police Rules is at Annexure P.1. The order of his recruitment had been passed by the competent authority i.e. the Superintendent of police, Hissar. While working as such, he was given a Commendation Certificate (Class III) with cash reward of Rs. 50/-. This was followed by another similar Commendation Certificate with a cash reward of Rs. 100/-. It appears that vide orders dated 4.7.1989, the petitioner was transferred by the Deputy Inspector General of Police, H.A.P. to the Ist Bn. H.A.P. for recruitment in the Bn. The petitioner appears to have joined the Ist Bn. HAP on 7.7.1989. Soon thereafter, the order at Annexure P-4 was passed terminating his services on 28.7.1989. This order read as under :-

(3.) The relevant provisions which govern the petitioner are contained in Rule 12.15 and 12.21 of the Punjab Police Rules. Under rule 12.15, it is, inter alia, provided that "recruits shall be not less than 18, and not more than 27 years of age at the time of enrolment and ..........".