HC RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Plaintiff is in second appeal against the concurrent judgments and decrees passed by the Court below dismissing the suit of the plaintiff for declaration to the effect that the orders dated 11.07.2003 and 09.06.2004 passed by Punishing Authority and the Appellate Authority respectively are illegal, ultra vires, unconstitutional and against the principles of natural justice. Consequential relief for entitlement to arrears of pay on account of stoppage of increments and further promotion as Head Constable at part with his juniors was also declined besides declining prayer for benefit of special pay and grant of ACP Scale became due on 01.02.2004.

(2.) Plaintiff was recruited as Constable in defendant's Department in the 1st Battalion, HAP Ambala on 16.01.1984 being a permanent resident of village Barwala, District Ambala where he actually resided. The antecedents of the plaintiff regarding his permanent residence were verified on his selection as Constable from village Barwala itself. Plaintiff was transferred from HAP Ist Battalion to District Police, Jind and thereafter he was transferred to District Karnal in the year 1989.

(3.) Plaintiff appeared in the test for the post of Constable in the Executive Clerk Cadre and was approved for Executive Clerk having qualified the test and was transferred to District Panipat, where he remained posted till 1992. Plaintiff was promoted to the post of Head Constable in the year 1992 and was given posting in District Karnal where he remained posted upto 09.11.2000.