- (1.) The petitioner, who had risen to the call of the Central Government and State of Punjab, had joined the Punjab Police on deputation basis in November, 1991, to be a part of police force for carrying out anti-terrorist operations and getting absorbed in the Punjab Police thereafter, today feels that he has been given rough and shoddy treatment and his legitimate right is taken away by the State of Punjab with the framing of Punjab Absorption of Officers of Para Military Forces (Group-A) Service Rules, 2005 (hereinafter referred to as the "Service Rules, 2005"). In an attempt to vindicate his stand, he has chosen to approach this Court by way of present writ petition filed under Article 226 of the Constitution of India, seeking quashing of rules to the extent they deprive him of seniority by including the period of service he rendered in Central Reserve Police Force (CRPF) before coming to Punjab Police on deputation. The story-line of this episode culminating into the framing of impugned service Rules is to be projected as follows.
(2.) The petitioner had joined CRPF as a direct recruit to the post of Deputy Superintendent of Police (now called Assistant Commandant) on 11.10.1986. It is Group-A post in the Government of India. In 1990-91, the petitioner was posted in Jammu & Kashmir (J&K). He boasts of spearheading into anti-terrorist operations in Baramulla (J&K) and had formed Special Task Force (STF) with maximum success. He has stated, which fact is not denied, that he was instrumental in arresting/neutralizing many militants in J&K which led to recovery of 28 AK-47 rifles, 4 GPMGs, 3 rocketlaunchers with rockets, 29 pistols/revolvers, 80 grenades, 35 antipersonnel mines and large number of magazines and ammunition. For these heroic deeds, the petitioner was even commended by the then Governor of J&K. In December-1990, the petitioner was posted as Staff Officer of Shri K.P.S. Gill, IPS, who was, at that time, working as Director General/CRPF, CRPF Headquarters, New Delhi.
(3.) When the State of Punjab was facing extremist activities in the year 1991, to curb these activities, Shri Gill was posted as DGP, Punjab. It is a matter of common knowledge that many police officials of Punjab Police, for various obvious reasons, were unable to put effective resistance to such anti-national activities. Need was felt to have manpower from other para-military forces in the Punjab Police. At that time, the petitioner volunteered to come along with Mr. Gill to Punjab to look after his security and to carry out specific intelligence based anti-terrorist operations. He worked in this capacity from November-1991 to September-1995. During this period, though he remained on the strength of CRPF, but served in Punjab Police directly under Shri Gill. In September-1995, however, he was taken on deputation with Punjab Police as SP/Security and AIGP/Operations, Punjab with additional charge of security of Shri Gill, who had retired by then, as Z+ Category Protectee.;