- (1.) This judgment would dispose of CWP Nos. 11734, 12062, 13297 and 13668 of 2004, as the common questions of law have been raised for the relief claimed individually. There may be somewhat variation in the facts relating to the dates of appointment and confirmation etc. but the relief claimed is common. The facts are being taken from CWP No. 11734 of 2004.
(2.) The petitioner joined as constable on February 1, 1992 in Police Force. Upon completion of his training/course, joined the service in March 1993. After four months, he had been sent to undergo Commando course. Upon completion of the course he remained posted as Commando Reserved for over 1-1/2 years. He had rendered unblemished service and resultantly had earned commendation certificates from time to time. He had also taken active part in the encounters, raids and dealing with terrorist activities during the year 1994-95. He had been recommended for out of turn promotion as Head Constable but the same did not mature for the unknown reasons. However, for act of bravery committed by the petitioner on January 25, 2000, i.e. 11 passengers had been saved from the canal on account of the bus having fallen in the canal. For the aforestated act, the Deputy Inspector General of Police, Ludhiana Range, Ludhiana, approved the name of the petitioner for admission/promotion to List-CII (exemptees).
(3.) As per Punjab Police Rules, specifically rule 13.8, a Constable earns birth in List-CI only after he qualifies Lower School Course from Punjab Police Academy, Phillaur. However, earlier 10% quota had been prescribed for granting out of turn promotion to list C-II by terming them as "exemptees". Subsequently, this quota has been raised to 15%.;