CONSTABLE RAJWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Only brief narration of facts is necessary to decide the controversy. The Petitioner Rajinder Singh was recruited as Constable on January 9, 1989. He completed three years of service on January 8, 1992. For promotion to the post of Head Constable, he was supposed to pass test and take training in the Lower School Course, This course started factually on April 15, 1992, and selection was completed on February 28, 1992. The Petitioner s name was rejected solely on the ground that as on January 1, 1992 he had not completed three years of service under the standing order issued by Inspector General of Police,--vide order Annexure P-1 issued on January 14, 1983. Vide this order a cut off date as January 1 of every year is fixed for determining eligibility of a constable to sit in the test. The challenge is to the action of the Respondents for not deputing the Petitioner to attend the aforesaid course, although he had passed the written test securing second position. On behalf of the Respondents, reply has been filed inter alia alleging that the Petitioner had not completed three years of service as on January 1, 1992 and was, thus, not eligible for being deputed to attend the course, under the standing order Annexure P-1.

(2.) The question for consideration is as to whether by framing standing order, the rule framed by the State Government (Punjab Police Rules) could be amended. Rule 13.7 of the Punjab Rules is as under:

(3.) Standing Order Annexure P/1 which was issued on January 14. 1983 contains a proviso for eligibility of Constables to sit in the test and relevant portion reads as under: