NAGENDER SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) A departmental test was conducted on 15.1.1991 in the office of the Deputy Inspector General of Police, Rohtak Range, Rohtak to consider cases of 35 constables for approval to be enlisted in the Executive Clerical Cadre (Account Branch) of the Police Department. Twenty two names were cleared for induction including that of the petitioner. The petitioner thus became a member of the Executive Clerical Cadre. It may be noted that the petitioner was initially recruited as a Constable in Haryana Armed Police on 3.3.1984 in the 4th Battalion. He was transferred to Faridabad in Gurgaon range in the year 1987. In 1990, he was transferred from Gurgaon range to Rohtak Range. After the petitioner cleared the test for being brought into the Executive Clerical Cadre at Rohtak, he was transferred to Gurgaon range vide transfer order dated 1.10.1997. This transfer was made with his approval on mutual transfer basis with one Shri Naresh Kumar who was brought from Gurgaon to Rohtak range and the petitioner was sent from Rohtak range to Gurgaon range under the orders of the Director General of Police, Haryana on joint request. In 1999, he was ordered to be transferred to District Faridabad on special pay. On 23.6.2006, he was promoted as officiating Head Constable without special pay and was posted in Faridabad. On 26.7.2007, he was promoted as officiating Assistant Sub Inspector without special pay against the post vacated by an ASI. On 27.7.2007, the petitioner was posted from Palwal to Gurgaon and on 24.3.2008, he was transferred from Palwal to Faridabad in newly carved out Faridabad range. Faridabad which was earlier in Gurgaon range was made an independent range on the creation of a new Mewat District out of Gurgaon and Palwal District out of District Faridabad.

(2.) THE case of the petitioner was that once he was transferred on mutual transfer basis to Gurgaon range, from which range, Faridabad range was carved out has lot all concern with Rohtak range. Therefore, his seniority and benefit of further promotion in the Commissionerate of Faridabad deserved to be earned in Faridabad range. His representation for declaration that his parent range was Gurgaon and, thereafter, Faridabad, has been rejected on the ground that he cleared the test while he was serving in Rohtak range.

(3.) MR . Anurag Goel, learned counsel appearing for the petitioner would refer to the order dated 11.6.2009 (P -6) issued by the Inspector General of Police, Faridabad Range, Faridabad which records that the petitioner who was on temporary duty in Palwal was being sent back to his parent district Faridabad. Since uncertainty had been created, the petitioner made a representation to the Director General of Police, Haryana, Panchkula dated 7.4.2010 praying for fixation of seniority in the Executive Clerical Cadre (Account Branch) in the Commissionerate of Faridabad. This request has been rejected by the DGP, Haryana on the assumption that the petitioner originally belongs to Rohtak range and, therefore, his seniority has to be fixed in that range.