IQBAL KAUR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THESE three writ petitions raise a common question - Can the restructuring of a cadre by an administrative order lead to annulling of promotions etc. already made? Learned counsel for the parties have referred to the facts and averments made in Civil Writ Petition No. 15640 of 1994. These may be briefly noticed.

(2.) THE three petitioners in this case as also in the other two cases are working in the Police Department. Petitioner No. 1 Smt. Iqbal Kaur was enrolled as a Constable in the Haryana Police on December 1, 1976. She was brought on promotion list C on April 12, 1985. On January 24, 1986, she was promoted as a Head Constable and confirmed as such on January 31, 1988. Her name was included in promotion list 'D' on November 3, 1989. She was simultaneously promoted as an Assistant Sub Inspector in November 1989. Thereafter, her name was included in List 'E' on July 31, 1991. She was promoted as a Sub Inspector on September 17, 1991. Similar are the facts with regard to the other two petitioners.

(3.) ON July 9, 1993, the Director General issued an order that the instructions issued vide memos dated February 17, 1984, December 23, 1987 and January 4, 1989, are hereby withdrawn. Consequent upon the withdrawal of these instructions, it was directed vide letter dated November 4,1993 that the male and female police personnel of "all ranks constitute one single joint care....Henceforth the lady constables, Lady Head Constables, Lady ASI'S etc. and the lady police persons are to be promoted/confirmed on their turn and on availability of vacancy". Vide letter dated April 26, 1994, it was directed that "the benefits which the elady police officials have derived by virtue of the lady police being treated as a separate cadre and which are not in consonance with the provisions of Police Rules are to be taken away and their seniority refixed....Further if on account of the aforesaid refutation of the seniority, any person is adversely affected, they will have to be given a reasonable opportunity before passing an order about the proposed refixation of seniority". Directions for further necessary action were, accordingly, given.