SATYAVIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By way of this common judgment CWP No. 10659 of 1994 and CWP No.14978 of 1994 shall be decided as the similar question of law and facts are involved in it. For the sake of convenience, facts are being extracted from CWP No.10659 of 1994.

(2.) The petitioner is seeking a writ of certiorari for quashing the order dated 1.8.1994 (Annexure P-11) by which his seniority has been refixed as a Constable and on revision of the dates of promotion as ASR, the petitioner has been reverted to the rank of ASI and deconfirmed in the rank of ASI. The period from 15.12.1986 to 2.6.1992 when the official functioned as ASR, on account of promotion he received earlier on the basis of seniority previously assigned to him, was ordered to be deemed as ad hoc promotion which will have no effect on his revised seniority. Further prayer has been made for quashing impugned orders dated 22.10.2003 (Annexure P-16) and order dated 31.3.2011 (Annexure P-18) which were passed during the pendency of present petition vide which claim of the petitioner for granting deemed dates seniority on the basis of standing all round first in Recruit Basic Course has been rejected. Further directions have been sought to the respondents to grant the benefit of deemed dates seniority in lieu of standing all round first in the Recruited Basic Course with all consequential benefits.

(3.) The petitioner was enrolled in Haryana Police as Constable on 29.3.1975 in the 5th Bn. Haryana Armed Police, Madhuban. The petitioner stood first in the basic recruit course completed in Dec. 1975. In 1977 the petitioner took proficient Basic Course and stood first. He was selected for deputation to the Lower School Course on 1.10.1980 and he had passed that course on 18.3.1981. The petitioner was given promotion list 'C' w.e.f 18.3.1981. The petitioner was therefore promoted as officiating Head Constable in H.A.P. In third Bn. on 14.5.1981 and was confirmed as such by the Dy. Inspector General of Police on 31.8.1985. He was sent on deputation to the Police Training College, Madhuban as Law Instructor in the Instructional staff on 6.7.1982. The petitioner was promoted as officiating ASI in Police Training College, Madhuban by the Director, Police Training College, Madhuban on 7.10.1982. The petitioner being confirmed as Head Constable and in view of his seniority in P.TC. and seats allotted to the P.T.C was selected and deputed for Intermediate School Course by the Director, Police Training College, Madhuban on 1.4.1986. The petitioner passed the said course on 30.9.1986 and stood first in the batch. As per the Instructions issued by the Director General of Police vide letter No. 1001-1028/B-3 dated 1.2.1983 (Annexure P-1) the name of the petitioner should be brought on promotion list 'D' from the date of declaration of the result of the Intermediate School Course by the Director, P.T.C., Madhuban i.e 1.10.1986. The petitioner was admitted to the promotional list 'D' under rule 13.9 of Punjab Police Rules as applicable to the State of Haryana on 5.11.1986 instead of 1.10.1986 and was promoted as Officiating Assistant Sub Inspector by the DIGP, HAP, Madhuban on 15.12.1986.. Thereafter the petitioner passed and qualified the upper school course on 31.3.1988 and again stood first in the batch of 200 candidates. The petitioner was repatriated from Police Training College to his parent unit on 31.3.1988 in third Bn. as offg. Assistant Sub Inspector and thereafter the petitioner was transferred from 3rd to 2nd Bn. and the petitioner was further transferred as officiating Asst. Sub Inspector to Distt. Rohtak vide order dated 30.12.1989 (Annexure P-3). The petitioner was admitted to the promotional list 'E' by the DIGP, Rohtak Range, Rohtak w.e.f 26.7.1990 and he was also promoted as Sub Inspector on 27.7.1990 by the DIGP. The petitioner has been confirmed in the Rohtak District as SI w.e.f 31.1.1991 by the order of DIGP, Rohtak Range, Rohtak (Annexure P-4). The petitioner was awarded commendation certificates (Annexures P-5 to P-7) for his exceptional performance in various forms.