BRIJ LAL Vs. H.P.ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) PETITIONER joined as Constable in the Police Department, Himachal Pradesh on 21.4.1980. Having distinguished himself as sports person vide order dated 22.10.1984 (Annexure 'PA '), he was promoted to the post of Head Constable on officiating basis. The said order was issued by relaxing the general provisions by the Inspector General of Police, H.P. Shimla -1 in exercise of his powers under Rule 13.21 of the Punjab Police Rules, 1934 as applicable to the State of Himachal Pradesh (hereinafter referred to as 'the Rules ').

(2.) THE petitioner was reverted back to the post of Constable on 17.5.1989 w.e.f. 6.4.1989 but, however, the said decision was reversed in terms of order dated 22.12.1989 treating the petitioner to hold the post of Head Constable w.e.f. 1.11.1984 for all intents and purposes including the period spent by him under Lower Class Course. The petitioner was held to be holding the post of Head Constable on regular basis.

(3.) LEARNED Counsel for the petitioner has argued that once having been promoted on regular basis for all intents and purposes, the petitioner was not required to clear the Lower Class Course prior to inclusion of his name in list 'C '. According to him, even though the petitioner had cleared the said Lower Class Course in the year 1989, he was entitled to have his name included in list 'C ' w.e.f. 1984 i.e. the year of promotion instead of 1989. He has further argued that in any event the petitioner having completed his course during his tenure as Head Constable, he ought to have been given the benefit of the laws laid down by the Apex Court in A.K. Raghumani Singh and Ors. V/s. Gopal Chandra Nath and Ors. Anil Kumar Gupta and Ors. V/s. Municipal Corporation of Delhi and Ors. M.B. Joshi and Ors. V/s. Satish Kumar Pandey and Ors. 1993 Supp (2) SCC 419 and Subhash V/s. State of Maharashtra and Anr. 1995 Supp (3) SCC 332.