SUKHWINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) By this judgment of mine, two writ petitions bearing CWP Nos.23950 of 2013 and 26626 of 2013 shall be disposed of as common questions of law and issues are involved therein. However, the facts are being extracted from CWP No. 23950 of 2013.

(2.) The prayer in the present petition is for issuance of a writ in the nature of Certiorari for quashing of order dated 3.5.1990 (Annexure P-2) passed by respondent No.2 and order/Report dated 25.9.2013 (Annexure P-12) submitted by respondent No.5. A further prayer has also been made for issuance of a direction to the respondents to give ante-dated promotion to the petitioner on the respective posts upto Superintendent of Police from where the petitioner has retired from the date when his juniors have been promoted after giving the accelerated promotion from the back date by granting all consequential benefits. It has also been prayed that the pension and pensionary benefits of the petitioner be also re-fixed.

(3.) Briefly, the facts of the case, as made out in the present petition, are that the petitioner remained outstanding sportsman in the field of Football and achieved various distinctions during his service career. He was supposed to be granted promotion from the date his juniors, namely, Amarjit Singh, Jaspal Singh and Gurdev Singh were granted. Petitioner filed CWP No. 9446 of 1992, which was disposed of on 14.1.2013 along with other writ petitions. In spite of directions, the petitioner was not granted relief for which he was entitled. The petitioner joined as Constable on 21.9.1973 and thereafter promoted as Head Constable on 18.7.1977. He remained on probation for a period of two years and thereafter he was confirmed as Head Constable on 15.3.1980. He also completed Intermediate Promotion Course meant for promotion to the post of ASI. After completion of the Course, he was promoted as Sub Inspector on 1.5.1981. Being the sportsman, he joined the Police force and since at that time, there was no rank of ASI in the PAP, he was directly promoted to the rank of Sub Inspector.