CONSTABLE AMRIK SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner, a constable in the Punjab Police prays for the issuance of a writ of mandamus directing the respondents to depute him for the lower School Course. A few facts which are relevant for deciding this claim, may be noticed.

(2.) The petitioner served the Indian Army from 1969 to May, 1985. After his discharge from the Army, the petitioner was enrolled as a Constable on May 3,1986. He worked as such till April 26,1990 when he resigned from the service. On November 14,1990, he was re-enrolled. On August 13,1992, the break in service from April 26, 1990 to November 13,1990 was condoned.

(3.) On December 5,1992, a test was held for selecting constables for admission to the lower school course. The petitioner was allowed to take this test. He competed and was placed at No. 5 in order of merit. However, when the Senior Superintendent of Police notified the list of selected candidates as approved by the Deputy Inspector General of Police on December 16,1992, the petitioner's name was not included. Aggrieved by this, the petitioner submitted a representation on December 22, 1992. It was forwarded by the Senior Superintendent of Police to the Deputy Inspector General. However, it did not bear any result. Consequently, the petitioner approached this Court through the instant writ petition on January 7,1993. The motion Bench directed the issue of notice to show cause to the respondents. They appeared. In the written statement, the respondents inter alia averred that vide order dated January 7, 1993, the order dated August 13, 1992 by which the break in the petitioner's service had been condoned, has been cancelled. The petitioner then amended the writ petition so as to impugn even the order dated January 7, 1993. It has been inter alia averred that this order is bad as it was passed without the issue of any notice to the petitioner and that he has a right to be deputed for the course in accordance with the order of merit determined by the Departmental Promotion Committee.