HARBHAJAN SINGH GREWAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a Letters Patent appeal filed by Shri Harbhajan Singh Grewal, appellant, against the judgment dated March 13, 1973, of a learned single Judge of this Court, where by his writ petition to quash the orders of the State of Punjab. Respondent No. 1, dated October 23, 1968, December 4, 1968, and March 30, 1970, Annexures 'F' 'G', and 'H' respectively to the writ petition was dismissed.

(2.) Briefly stated the facts of this case are that Shri Harbhajan Singh Grewal appellant was directly recruited as Inspector of Police in the former Punjab State on April 1, 1952. There were no statutory rules in the Punjab State governing the appointments and promotions to the posts of Deputy Superintendents of Police prior to November, 1956. But, according to the settled practice of the Police Department, before an Inspector of Police could be promoted to the post of Deputy Superintendent of Police, his name had. to be brought on the promotion list by a process of selection, which took place after due consultation with the Public Service Commission. The name of the appellant was brought on the promotion list with effect from August 15, 1956, and at that time he superseded four Inspectors of Police, who were senior to him, and they were Sarvshri Rajbahadur Singh, Surinder Pal Singh, Kartar Singh, and Bir Singh.

(3.) The merger of the Punjab State and the Pepsu State took place on November 1, 1956. A provisional joint seniority list of the Deputy Superintendents of Police and Inspectors of Police, Annexure 'B' to the writ petition, was prepared wherein the appellant was shown junior to the aforesaid four persons whom he had superseded for the purpose of being placed on the promotion list 'G', but was shown senior to Shri Gurbachan Singh and others, Respondents Nos. 3 to 8, who belonged to the Police Service of the erstwhile Pepsu State. In Annexure 'B', the name of Shri Harbhajan Singh appellant was shown at Serial No. 136 while the names of the respondents were shown at Serial Nos. 150, 152, 153, 156, 157, and 158. Against this provisional seniority list representations were filed by the respondents. The representation filed by Shri Gurbachan Singh, Respondent No. 3, was accepted by the Government of India and thereafter the final integration list of Inspectors, which is Annexure 'D' to the writ petition, was prepared on July 19, 1965, by the Punjab Government. The preamble of this notification in the Government Gazette of that date reads as follows: