JUDGEMENT
I. S. Tiwana, J. -
(1.) The petitioner, who admitted is a confirmed Head Constable, though serving as a Teleprinter Operator in the Police Department of the State of Haryana, claims to be sent for the Intermediate School Course in accordance with Rule 13.9 of the Punjab Police Rules as applicable to Haryana. It has authoritatively been settled by a Full Bench of this Court in Sardul Singh Head Constable Vs. Inspector General of Police, Punjab and others, 1970 S.L R. 505 , that confirmed Head Constables are entitled to be deputed for the above noted course on the basis of their seniority and in that regard the superior authorities have no option in the matter.
(2.) On behalf of the respondent authorities, it is sought to be pleaded that since the petitioner is not a confirmed Head Constable in the executive branch of the police force and is only a member of the teleprinter staff, he is not entitled to be deputed for the course in accordance with the above noted rule. I see no merit in this submission for the short reason that merely on account of his promotion and later confirmation as a Head Constable in the teleprinter staff, he does not cease to be a member of the police force. He admittedly is governed by the Punjab Police Rules referred above. Almost a similar argument was raised on behalf of the respondents in Mela Ram Vs. State of Punjao etc , 1979 Current Law Journal 213 and was negatived by this Court.
(3.) In the light of the above, I allow this petition and direct the respondent authorities to depute the petitioner for the Intermediate School Course in accordance with his seniority and the law laid down in the above noted Full Bench judgment in Sardul Singh's case (supra). I pass no order as to costs. Petition allowed.;
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