ARJUN SINGH (HC) Vs. STATE OF HARYANA

JUDGEMENT

(1.) The two petitioners are Head Constables. They pray for the issue of a writ in the nature of mandamus directing the respondents to depute them for the Intermediate School Course. A few facts as relevant for decision of this case may be noted:-

(2.) The petitioners were recruited as Constables on June 28, 1975 and May 30, 1975 respectively. They were promoted as Head Constables on December 1, 1988 and September 14, 1988. Both of them were confirmed as Head Constables with effect from August 31, 1991. As against this, respondents Nos. 5 and 6 were recruited as Constables on March 25, 1976 and August 11, 1976 respectively. They were promoted as Head Constables on December 1, 1988 and September 6, 1988 respectively in District Sirsa. They were confirmed as Head Constables with effect from January 31, 1991 by the orders of the Superintendent of Police, Jind. The petitioners claim that their case for confirmation as Head Constables were purposely delayed. As a result, the respondents became senior to them as Head Constables. As a result, respondent No. 3 was deputed for the Intermediate School Course in preference to the claim of the petitioners on June 15, 1994. The petitioners represented against it. Their claim having been declined, vide order dated August 26, 1994 they have approached this Court through the present petition.

(3.) The petitioners claim that the inter se seniority of Head Constables is to be fixed on the basis of the date of passing the Lower School Course in accordance with the provisions of Rule 13.8(2) of he Punjab Police Rules, 1934 . They further claim that under Rule 13.18, every Head Constable is entitled to be confirmed on the expiry of two years. As a result, they should be deemed to have been confirmed with effect from December 1, 1990 and September 14, 1990 respectively. If this is done, they would rank senior to the respondents.