J.S. Sekhon, J. - (1.) Rattan Lal petitioner joined the Haryana Police as constable 1.4.1977 whereas Sat Narain petitioner No.2 joined the services as constable on 17.11.1975. The names of both these constables were put on list B-1 for undergoing the training known as Lower School Course for the purpose of becoming eligible for promotion to the next higher post of head constable. Both these petitioners successfully completed the Lower School Course on 16.4.1982 with distinction. Sat Narain petitioner secured first position while Rattan Lal secured second position out of 300 constables. As per the Government policy vide letter No. 6972-A dated 17.11.1944 the petitioners were entitled to accelerated promotion immediately on their return after training. However, as they were not given the accelerated promotion, they made representations to the respondents on 5.5.1982 and 30.7.1982, Annexures P-4 and P-5. Petitioner No.1 was informed vide letter dated 16.12.1982 that there is no rule under which he can be promoted out of turn. The petitioners also quoted some instances of accelerated promotion given to the members of police force vide Annexures P-1, P-2 and P-3. Respondent No. 2 sent a wireless message dated 16.6.1983 to respondent No.3 to the effect that the above referred instructions have since been withdrawn. The petitioners aver that the cancellation or withdrawl of the 1944 instructions would be prospective only and that will not hit the rights of the petitioners for being considered to accelerated promotion on the ground of good record which they had earned in the month of April, 1982 i.e. before the withdrawl of these instructions.
(2.) The respondents have resisted this petition on the ground that no legal right of the petitioners has been infringed entitling them to invoke the extra ordinary jurisdiction of the Court. Although the factual aspect of the matter has been admitted except that the above referred 1944 policy was reviewed in the year 1982 and it was decided to discontinue it on account of the fact that system of making selection for promotion to list B-1 has been changed through the amendment of Police Rule 13.7 in the year 1980. It was further maintained that the instructions given by the Government in the year 1944 were being only executive instructions could be cancelled by the competent authority. The respondents also attached Annexure R.2, a copy of the letter dated 10.5.1982, to the written statement showing that the above referred instructions of the year 1944 regarding granting of accelerated promotion to candidates who secured 1st and 2nd position in the Lower School Course and Intermediate School Course were cancelled.
(3.) I have heard the learned counsel for the parties besides perusing the records.;