J.M. Tandon, J. - (1.) Baldev Singh Dutt petitioner was appointed a Sepoy in the Army on Nov. 24, 1941, and was released there from on Oct. 16, 1946. On March 28, 1947, he was appointed as Assistant Sub - Inspector of Police against one of the posts reserved for retrenched War Service Personnel. His appointment was on probation for three years. He was confirmed as Assistant Sub - inspector of Police with effect from Match 26, 1950. The petitioner having remained in war service was entitled to the benefits under the Punjab Government Services (War) Amendment Rules, 1943 (hereinafter the Rules;. The petitioner was allowed the benefit there under to the extent that his date of appointment as Assistant Sub - Inspector of Police was relegated to March 28, 1943, and was allowed benefit in fixation of pay accordingly. The petitioner has filed the present writ claiming that his seniority should also have been determined in List "E" maintained under rule 13.10 of the Punjab Police Rules, 1934, Volume II, keeping in view the war service put in by him. As it was not done, he has suffered in the matter of further promotions in the Department.
(2.) In the return filed by Assistant Inspector General of Police on behalf of official respondents Nos. 1 and 2, It has been averred that by giving the petitioner presumptive date of enlistment as March 28, 1943 for the purpose of seniority, he could not be given deemed date of confirmation from any date earlier to March 28, 1950. His presumptive date of enlistment as A.S.I from March 28, 1943, by giving him benefit of war service for the purpose of seniority could make him entitle to further promotion only in accordance with the relevant Punjab Police Rules (Rule 13.10(1) read with rule 13.1) governing further promotion from the rank of A.S.I. Under rule 13.1 the promotion from one rank to another can be made by selection tempered with seniority and according to rule 13.10(1) only those Assistant Sub - Inspectors can be brought on list 'E' who have been approved by the Deputy Inspector General as fit for trial for an independent charge of police station or for specialist posts on the establishment of Sub - Inspectors. The petitioner was brought on list 'E' with effect from Aug. 30, 1931, In accordance with these rules. His fitness for trial for an independent police station or for specialist post on the establishment of Sub Inspector could be adjudged only after he had successfully completed his probationary period and be was confirmed as A.S.I. Since the petitioner was confirmed on March 28, 1950, he could be brought on list only after his suitability was established in terms of rule 13 10(1) read with rule 13.1 The petitioner having been brought on list 'E' with effect from Aug. 30, 1951, was promoted as officiating Sub - Inspector with effect from Sept. 15, 1951. Further promotions were given to the petitioner in the Department in accordance with the Police Rules.
(3.) The petitioner was appointed as A.S.I, on probation on March 28, 1947. He completed his period of probation on March 28, 1950, and was confirmed with effect from that date by giving him war service benefit His presumptive date of enlistment was treated as March 28, 1943, He was given the benefit of presumptive date of enlistment in the matter of fixation of pay.;