DEEPAK SHARMA Vs. STATE OF HARYANA PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 28/11/2024 whereby respondent has rejected his claim qua past service. He is further seeking direction to the respondent to allow him to appear in B-I Test by granting benefit of past service.

(2.) The petitioner joined Uttar Pradesh police as Constable on 8/12/2015. He, pursuant to Advertisement No.3/2018, applied for the post of Constable in Haryana Police. He was granted permission on 1/5/2018 to appear in the examination. He came to be selected on 3/9/2019. He tendered his resignation to UP Police. He was relieved on 4/9/2019 and joined Haryana Police as Constable on 5/9/2019. He submitted representation dtd. 5/9/2019 to count his past service in UP Police from 8/12/2015 to 3/9/2019 towards qualifying service and pensionary benefits. He again preferred a representation dtd. 28/9/2023 but to no avail. Respondent No.5-Deputy Commissioner of Police, Panchkula vide letter dtd. 10/10/2023 sought clarification from Director General of Police, Haryana whether petitioner can be considered for B-I Test. He submitted representation dtd. 12/6/2024 to respondent No.3 to allow him to appear in the online B-I Test for the year 2021 to be concluded in the month of July' 2024. He approached this Court by way of CWP No.15994 of 2024. During the pendency of aforesaid petition, the respondent vide order dtd. 28/11/2024 rejected his claim to consider his past service towards qualifying service on the ground that he did not submit his request for consideration of past service within 1 year of joining, did not have his past service verified and joined UP Police under New Pension Scheme. This Court vide order dtd. 29/11/2024 disposed of the petition with liberty to challenge order dtd. 28/11/2024. Respondent No.3 issued communication dtd. 18/11/2025 for conducting online B-I Test for the year 2024 from 13/12/2025 to 21/12/2025.

(3.) Learned counsel for the petitioner on being asked confirmed that B-I test had already been conducted. He further submits that petitioner would be eligible for next batch i.e. B-I 2024.