SHER SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner who entered service on Oct. 15, 1952 had been promoted to officiate as Sub-Inspector on temporary basis. He is aggrieved by order dated Jan. 28, 1991 by which he has been reduced to the rank of upgraded Constable with effect from Aug. 1, 1983. A copy of this order has been produced as Annexure P/13, with the writ petition. A few facts may be noticed.

(2.) The petitioner was recruited as a Constable on Oct. 15, 1952 in District Mohindergarh, in the erstwhile State of Pepsu. He was confirmed as a Constable with effect from Oct. 1, 1955. It appears that the petitioner was posted as a Receipt-cum-Diary Clerk in the office of Superintendent of Police on June 19, 1954. Sometime later, the petitioner appears to have been deputed to work in the Vigilance Department. On June 23, 1961, the petitioner was promoted as Officiating Head Constable by the Superintendent of Police (Vig.). On Nov. 30, 1963, he was transferred from the Vigilance Department to the C.I.D. Wing. On re-organisation of the erstwhile state of Punjab, the petitioner was finally allocated to the State of Haryana. On Feb. 23, 1970, the Superintendent of Police, Gurgaon, informed the Deputy Inspector General of Police (C.I.D.) that "Head Constable Sher Singh has been allotted Constabulary No. 55 in this District." A copy of this order is at Annexure P/2 with the writ petition. On Sept. 17, 1974, the D.I.G. (CID) ordered that "Offg. Head Constable Sher Singh No. 55/GGN is promoted as Offg. Assistant Sub Inspector on ad hoc basis in an existing vacancy of Finger Print Bureau, Haryana. This promotion is fortuitous without prejudice to his seniority in Ambala Range. He is liable to be reverted without notice. "Accordingly the petitioner was directed to report for duty in the Finger Print Bureau. A copy of this order is at Annexure P3. Vide order dated July 1, 1976, the D.I.G. of Police (CID) further ordered that "Offg. ASI Sher Singh No. 55/GGN, Photographer of Finger Print Bureau, is promoted to the rank of Offg. Sub Inspector on ad hoc basis against the existing vacancy of Finger Print Bureau with effect from 29.6.1976." This promotion was also on temporary basis without prejudice to his seniority in Range/District.

(3.) It is averred that the petitioner represented that after allotment of constabulary No. 55 in District Gurgaon, his seniority as Head Constable may be fixed in the said District. However, vide order dated Feb. 11, 1975, the petitioners representation was rejected on the ground that since he had "volunteered to remain in the Finger Print Bureau, there seemed to be no ground for fixation of his seniority in the executive Police Clerical Cadre, more so when he is away from that cadre for the last about 14 years. His seniority in the Executive Police Clerical Cadre cannot be fixed now after so many years and that he should stick to his posting in the Finger Print Bureau, where he may be absorbed permanently in due course, if his work and conduct is found satisfactory A copy of this order is at Annexure P/5 with the writ petition. Thereafter even though the petitioner was called upon to give his consent for being deputed to the intermediate School Course, he was not sent for the course. Ultimately ride orders dated Jan. 28, 1991 (Annexure P/13), the petitioner was treated as upgraded Constable with effect from Aug. 1, 1983. Aggrieved by this order, the petitioner has approached this court through this petition.