SANDEEP MEHTA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) By this judgment, we propose to dispose of Civil Writ Petitions No. 15390 of 2007 and 9175 of 2007 as common question of law and facts is involved therein. For the sake of convenience, facts are being taken from Civil Writ Petition No. 15390 of 2007.

(2.) The petitioner is seeking quashing of the order dated 15.9.2007 (Annexure P-7) passed by the Superintendent of Police, Panchkula vide which the petitioner has been ordered to be reverted from the post of Head Constable to that of Constable as also the Memo. dated 5.2.2007 (Annexure P-8) of the Director General of Police, Haryana wherein it has been conveyed that there is no sanctioned post of Technical Head Constable and therefore, the Constables who were recruited as Technical Constable having qualification of diploma for I.T.I./Polytechnic etc. i.e. Computer Operators, Draftsmen and Motor Mechanics etc. are not entitled to promotion against the general duty posts of Head Constables.

(3.) The facts leading to the filing of the present writ petition by the petitioner are that a communication was addressed by the Director General of Police, Haryana, to all District Superintendents of Police in Haryana, Superintendent of Police, Railways, Haryana, Ambala Cantt, and all Commandants of H.A.P. Battalions in Haryana State, thereby conveying the decision to the effect that each District, G.R.P. and each H.A.P. Battalion may recruit two Draftsmen, two Computer Operators and two Motor Mechanics in the rank of Constables. The qualifications for those posts were also given. It was further stated that the physical standards and age limit for these Constables would be the same as laid down in the Punjab Police Rules, (as 'applicable to Haryana') read with Government instructions be issued in that regard from time to time. The petitioner contends that he applied for the post of Constable-Computer operator and possessed the qualification of 10+2 with one year diploma from a recognized Computer Training Institute which was the qualification prescribed for the said post. He was regularly and appointed as Constable-Computer Operator in the Haryana Armed Police on 9.3.1994 and joined as such in the pay scale of Rs. 950-1800/-.