MAHENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) A division bench of this Court disposed of two writ petitions, i.e. C.W.P. No. 12225 of 1993 and 13302 of 1993, vide judgment dated 13th December, 1993. The former writ petition was filed by Raja Ram and five other Head Constables, namely, Dharamvir, Raghbir Singh, Braham Prakash, Sohan Lal and Balbir Singh, who claimed to be senior to Hans Raj, Vijay Singh, Subhash Singh and Kapoor Singh, respondents in the said writ petition and claimed that they were en-tided to send to the Intermediate School Course against the seats allocated to Hissar Range, to which they all belong. All the petitioners in the said writ petition were confirmed in the years 1990 and 1991. The second writ petition mentioned above was filed by Hans Raj and Vijay Singh, Head Constables, whose date of confirmation was 31st January, 1989. They had been deputed for the Intermediate Course, but were withdrawn from the Course as there was a dispute regarding their dates of confirmation. They failed the writ petition claiming that they were rightly confirmed on the dates earlier shown and could not be withdrawn from the Intermediate School Course. By interim directions of the Court, they were allowed to continue in the Course.

(2.) The Division Bench observed that since the question of correct dates of confirmation of Hans Raj and Vijay Singh was under active consideration of the State and the case for determination of the seniority of the Head Constables is to be finalised, it was considered appropriate that the petitioners in both the writ petitions should be allowed to complete the Course. It was further observed that this would be subject to the finalisation of the seniority list by the State and if any party is aggrieved by finalisation of seniority or actual dates of confirmation, he shall have a right to challenge the same before an appropriate forum.

(3.) Though it has been observed in the above-said judgment that the writ petitioners in both the cases should be allowed to complete the course, giving the impression as if the petitioners in both the cases were undergoing the course, yet I have been informed by the learned counsel for the petitioner that the six petitioners in C.W.P. No. 12225 of 1993 were deputed on 13th January, 1994 to join the course and they joined the course on 17th January, 1994.