MELA RAM Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) Mela Ram petitioner is a Head Constable serving in 7th Battalion (Mounted Police). The petitioner was recruited in the year 1957. He was permanently absorbed on 1st September, 1958. He was confirmed as a constable on 1st September, 1961. He was brought on list C-1 on 27th October, 1962, and promoted as Officiating Head Constable and in the year 1966 he was made Head Constable on probation. In 1968 he was confirmed as a Head Constable. The petitioner passed the test for undergoing training for Intermediate School Course in the year 1972. It is alleged in the petition that according to the seniority list the petitioner's name figures at No. 67 and thus he was entitled to be sent for the course commencing from 1st October, 1978. He also made a written representation to respondent No. 2 for sending him for the course but without any success. That on 2nd October, 1978, orders were issued regarding the candidates who were selected to undergo Intermediate Course commencing from 1st October, 1978. The petitioner's name did not figure in that list. It is alleged that respondent Nos. 4 to 7 are junior to the petitioner. Respondent Nos. 8 and 9 were sent from the quota of the sportsmen. It is in these circumstances that the present petition has been filed under Articles 226/227 of the Constitution of India that respondent Nos. 1 to 2 may be directed to send the petitioner for the Intermediate School Course.

(2.) Return has been filed on behalf of the respondents. So far as respondent Nos. 3 to 9 are concerned they have already completed the course as it commenced on 1st October, 1978. The stand taken by respondent Nos. 1 and 2 is that the petitioner is posted in the Mounted Armed Police of the Punjab Armed Police and that their seniority has been maintained separately and they get promotion in their own line without undergoing any course of general line i.e. Intermediate, Upper School Course and for that reason the petitioner was not sent. This averment is made in para 12 of the return filed by the Deputy Inspector General of Police. I am not impressed by this stand of respondents 1 and 2. Rule 13.9 of the Punjab Police Rules, 1934 , Volume II (hereinafter referred to as the Police Rules) deals with the promotion course and it does not make any distinction between the Head Constables serving in the Mounted Police or any other line of the Police.

(3.) Mr. Bhatia, learned counsel for respondents, has relied upon Rule 7.1 of the Chapter VII of the Police Rules Volume I which deals with the Mounted Police but in this volume there is no rule which deals with the seniority or the promotion. Seniority of all the Head Constables including the Mounted Police is maintained in accordance with Rule 13.9 of the Police Rules. It is not a separate force. It is part of the police. The petitioner is of the 7th Battalion and many Head Constables of the 7th Battalion are sent for the Intermediate School Course. In view of the law laid down in Full Bench authority in Sardul Singh Head Constable v. Inspector General of Police, Punjab and others, 1970 SLR 505, the petitioner is entitled to be sent for the Intermediate School Course on his turn. Since the persons junior to him are already sent and they have completed the course, it is directed that the petitioner be sent for Intermediate School Course commencing on 1st April, 1979. No other point is urged. Accordingly this petition is allowed with costs.