MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This judgment will dispose of 160 writ petitions being CWP Nos. 16308 of 2001, 14326, 12386, 18520, 13021, 15836, 16790, 17568 of 2004, 8288, 10216, 9505, 9558, 9595, 9489, 9409, 9590, 9029, 8009, 8294, 9336, 9057, 9439, 9154, 8442, 11008, 11002, 8241, 8145, 8010, 11026, 8397, 9335, 9301, 8828, 8775, 9333, 9812, 9827, 9331, 8660, 9074, 9274, 9286, 9334, 8242, 8632, 8496, 9432, 9337, 8709, 8499, 7979, 11498, 11484, 11335, 11661, 12130, 12122, 8886, 9585, 7846, 10122, 13711, 14477, 14454, 13586, 13706, 3694, 7519, 10791, 8183, 8188, 7773, 7518, 9663, 17256, 9895, 6782, 13356, 13025, 8161, 9902, 17428, 10151, 3839, 7980, 19411, 7850, 10468, 10221, 9491, 9795, 9433, 7916, 8892, 7969, 7794, 8646, 8460, 9329, 9453, 8488, 9837, 8956, 8191, 8082, 19318, 7532, 8114, 9177, 9970 17662, 19484, 9445, 9447, 13214, 11513, 8595, 8083, 8591, 9538, 9206, 8235, 9634, 8874, 8494, 6985, 13373, 8662, 8945, 12187, 8072, 7309, 8109, 8003, 11492, 11451, 10620, 7720, 19598, 19587, 9865, 8987, 9160, 9681, 8989, 9490, 8107, 7729 of 2005, 3873, 2795, 3997, 2693, 2600, 2603, 5471, 2362, 6519 and 294 of 2006, which involve common question arising out of decision dated 6.5.2005 for relieving SPOs and further directing that if they are so willing, they be appointed as Home Guards Volunteers for which they have to report to the concerned District Commandant of Home Guards within one month of the date of relieving.

(2.) Facts stated in CWP No. 10291 of 2005 may be noticed. It has been averred in the writ petition that petitioner Malkiat Singh was recruited as Special Police Officer (SPO) in the year 1992. He was given training and allotted SPO number but was not given any appointment order in writing. His appointment was covered under Standing Order dated 26.7.1990 and instructions dated 19.11.1991. His appointment was referable to Section 18 of the Police Act, 1861. His work and conduct was satisfactory. He had been working without any break in service. He had studied upto 8th class. He was getting a salary of Rs. 2790/- per month. He met the physical standards laid down in Standing Order dated 26.7.1990. As per Clause 13 of the Standing Order, he was eligible for recruitment as constable after one year of service. The said standing order has been annexed as Annexure P.1. By subsequent instructions dated 19.11.1991, period of absorption as constable was reduced from one year to six months. In spite of assurance given at the time of recruitment and also by way of standing orders issued from time to time, the petitioner was not recruited as constable, though junior SPOs were so recruited as per list Annexure P.3. A new Standing Order dated 3.4.1997 was issued granting relaxation for recruitment of SPOs as constables. The said standing order is Annexure P.4. Large number of SPOs filed CWP No. 7451 of 1996 which was disposed of on 12.12.1996 directing the State to consider the SPOs for absorption as constables, as per criteria laid down in Annexures P.1 and P.2. The said writ petitioners were granted the relief but the petitioner was left out. Several SPOs were recruited in the year 2004 as constables by giving relaxation as per standing order No. 1 of 1997. The Hon'ble Supreme Court in its judgment dated 1.2.2001 in Civil Appeal. No. 4645 of 2000 (Ghan Sham Sunder and Ors. v. State of Punjab and Ors.), directed that suitability of SPOs be judged at a lesser standard having regard to their service. Punjab Home Guards is overflowing organisation with 25000 volunteers on its rolls. About 12000 Home Guards are called out for duty. The said service is only voluntary service. The petitioner will also lose his seniority if he joins as Home Guard and will be placed below 25000 Home Guards already on the rolls. Recruiting the petitioner as Home Guard will change all service conditions. The Government had regularisation policy as contained in circular dated 23.1.2001, Annexure P.10 for work charged/daily wagers who had completed more than 10 years of service.

(3.) Prayer is that direction for relieving the petitioner and deputing him to join as Home Guard be set aside and the direction be issued for absorbing the petitioner as constable from the date his junior SPOs were given appointment as constable.