DAYA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) (Oral) - This order will dispose of Civil Writ Petitions Nos. 14943, 15313, 15521, 15853, 16099 and 16463 all of the year 1999. Facts are being taken from C.W.P. No. 14943 of 1999.

(2.) The main grievance of the petitioners is that they having been confirmed earlier in the rank of Head Constable than the private respondents had a prior right to be deputed for Intermediate School Course. It is also stated in the writ petition that some persons, though officiating as Head Constables, have been deputed for the Intermediate School Course in supersession of the claim of the petitioners who are confirmed Head Constables.

(3.) Notice of motion was issued. Reply has been filed on behalf of the official respondents as well as on behalf of some of the private respondents. It is admitted that there is no doubt that the private respondents who have been deputed for the Intermediate School Course were confirmed later than the petitioners in the rank of Head Constable but in view of the judgment of this Court in Civil Writ Petition No. 10547 of 1991 (Ranjit Singh and others Vs. State of Haryana and others) decided on Sept. 12, 1991 which in turn relied upon a Supreme Court judgment in D.K. Mitra Vs. Union of India, 1985(2) SLR 791 out of the confirmed Head Constables in a range, the person who has longer length of service as Head Constable has to be sent first in order of their working seniority as Head Constables. After exhausting the confirmed Head Constables as aforesaid, the question of deputing probationer/officiating Head Constables would come in. On the basis of the aforesaid judgment, Haryana Government has also issued instructions dated 29.1.1998 (copy Annexure R-1) which are in conformity with the aforesaid judgment. Consequently, we do not find any merit in this point of the petitioners.