- (1.) Karam Singh, respondent No. 1 filed CWP No. 13025 of 1997, out of which this LPA arises, seeking quashing of the order (Annexure P-5) fixing his date of promotion as ASI on 13.11.1990. A further prayer was made to grant the petitioner full benefits of military service towards seniority, with consequential benefits of further promotion. Respondent No. 1 served the Indian Air Force as Radar Operator, Group-II from 14.12.1963 to 30.6.1973. He was released in terms of his appointment. On his release, he joined as a Constable in the Wireless Wing of Punjab Police on 19.4.1976. He earned promotion from time to time to the rank of Sub-Inspectors. The claim primarily is based for the grant of military service benefit rendered by him during the period of emergency from 14.12.1963 to 10.12.1968. The claim for relaxation of seniority is sought on the basis of Rule 4(ii) of the Punjab Government National Emergency (Concession) Rules, 1965 (for short "Rules"). Since the military service benefit was not given, he earlier approached this Court by way of CWP No. 5499 of 1999 which was allowed by a Division Bench of this Court on 6.1.1993. It was directed by this Court to grant the petitioner the promotions and seniority to which he was entitled to under the Rules. Special Leave to Appeal (Civil) No. 6068 of 1993 against the order dated 6.1.1993 was dismissed by the Supreme Court on 7.5.1993. Accordingly, in consequence of the order dated 6.1.1993 passed by this Court in CWP No. 5499 of 1993, the Deputy Inspector General of Police (Computer and Wireless), Punjab, Chandigarh passed an order dated 15.7.1993 (Annexure P-3) in terms of which respondent No. 1 was given the benefit of military service of four years and 27 days towards seniority and promotion. The deemed date of appointment as Constable/Technician was accordingly fixed as 23.3.1972. The deemed date of promotion as Head Constable was given as 1.7.1973, i.e. the date from which his junior Constable Ranjit Singh had been promoted. Resultantly, the deemed date of promotion as ASI/Technician was granted to the petitioner w.e.f. 17.11.1979 i.e. the date on which his next junior Head Constable Anil Singh had been promoted as ASI. The deemed date of promotion as Sub- Inspector/Technician was given w.e.f. 17.3.1986 when his junior ASI Anil Singh had been promoted. The respondent No. 1 was also granted the deemed date of F-List w.e.f. 20.8.1991 when his junior Sub-Inspector Anil Singh had been promoted as Inspector. After giving the said deemed dates on promotion to various posts, the Deputy Inspector General of Police Telecommunication, Punjab, Chandigarh in terms of order dated 29.7.1997 fixed the deemed the date of promotion of respondent No. 1 as ASI as 13.11.1990 which was earlier fixed as 17.11.1979. Resultantly, the other promotions given from the deemed date of promotions were also changed. The stand of the respondents for changing the deemed date of promotion of respondent No. 1 as ASI to 13.11.1990 is that passing of Radio Mechanic Grade-I Course is a pre-requisite for getting promotion to the rank of Assistant Sub Inspector/Sub-Inspector/Technician. Respondent No. 1 failed in the Radio Mechanic Grade-II Course in the year 1985 and as such his case was considered for promotion to the rank of ASI on 17.3.1986 and 26.9.1986, but he was ignored as he had failed in the Radio Mechanic Grade-II Course. A perusal of the order dated 29.7.1997 (Annexure P-5) would show that the petitioner passed the aforesaid Radio Mechanic Grade-II Course on 20.4.1990. It is in any case not disputed by the appellants that in view of the order passed by this Court in CWP No. 5499 of 1992, respondent No. 1 was given the benefit of military service and his deemed date of joining the police force and of promotion to various ranks were changed by extending the benefit of the Rules. The contention of the appellants that the benefit of deemed date of promotion to the rank of ASI and above cannot be given, in view of the fact that respondent No. 1 did not pass the radio Mechanic Grade-II Course was not accepted by the learned Single Judge. It was observed that the respondent No. 1 had been given the deemed dates in consequence of the order dated 6.1.1993 passed by a Division Bench of this Court in CWP No. 5499 of 1999 whereby the benefit of military service to the petitioner was granted. The order dated 29.7.1997 (Annexure P-5) was modified to the effect that respondent No. 1 shall be deemed to have passed the Radio Mechanic Grade-II Course in the year when it had been held immediately after 1979 and the deemed date of promotion shall be determined accordingly and the seniority ascribed to respondent No. 1 in the rank of ASI accordingly.
(2.) A short point is involved in this appeal, and that pertains to the benefit which was to be allowed to the respondent No. 1 and from which date ?
(3.) The learned Single Judge has held that, as a matter of fact the test for Radio-Mechanic Grade-II Course ought to have been conducted immediately after 1979. It was the appellant who failed to conduct the test after 1979 on yearly basis and had conducted the same only in the year 1985. If the respondent No. 1 had failed in the year 1985 and passed the test in the year 1986, he would be treated to have passed the course immediately after 1979. Besides if he is not allowed the benefit with effect from 1979, a great prejudice would be caused to him as on account of failure of the appellant not to conduct the test after 1979, he will be denied promotion. Therefore, the learned Single Judge granted the deemed seniority and promotion to the respondent No. 1 by the impugned judgment. The appellant was directed to determine the deemed date of promotion of respondent No. 1 in the rank of ASI and Sub-Inspector.;