VIJAY PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners are working as Head Constables. They complaind that persons junior to them have been deputed for the Intermediate School Course while their claims have been illegally ignored. They consequently pray for the issue of a writ in the nature of mandamus directing the respondents to depute them for the Intermediate School Course at Madhuban.

(2.) The respondents contest the petitioners' claim on the ground that no one junior to them has been deputed for the Course. A copy of the seniority-list of confirmed Head Constable has been produced with the written statement. According to the respondents, the petitioners are far junior to the persons who have already been deputed for the Course.

(3.) Mr. R.K. Jain, learned counsel for the petitioners, submits that for the purpose of being deputed for the Course, the inter se seniority cannot be determined on the basis of the date of confirmation. According to the counsel, the seniority has to be determined on the basis of the date of continuous appointment to the post of Head Constables. In support of this submission, the learned counsel relies on a decision of this Court in C.W.P. No. 10547 of 1991 (Ranjit Singh v. State of Haryana) decided on September 12, 1991, wherein it has been held that 'the seniority of Head Constables in a Range for deputing them for the Course is to be based on the continuous length of service and not on the basis of date of confirmation, Mr. Jaswant Singh, appearing for the respondents, concedes this position.