RAM LAL Vs. CHIEF SECRETARY TO GOVERNMENT OF HARYANA
LAWS(P&H)-2016-2-641
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 17,2016

RAM LAL Appellant
VERSUS
Chief Secretary To Government Of Haryana Respondents

JUDGEMENT

RITU BAHRI,J. - (1.) The petitioner is seeking direction to the respondents to consider his legal representation dated 09.12.2014 (Annexure P-1) seeking appointment in the Home (Police) Department in terms of the appointments given to respondent Nos. 5 as Deputy Superintendent of Police and respondent Nos. 6 and 7 as Sub Inspectors in Haryana Police against Sports Quota for climbing the Mount Everest.
(2.) Petitioner is domicile of Haryana and started the expedition for climbing the Mount Everest on 31.03.2013 along with respondent Nos. 5 and 6. On 21.05.2013, the petitioner flagged the National Flag at Mount Everest peak and became the youngest person of State of Haryana to do so and thereafter, he came back to India on 01.06.2013. He was given commendation certificate (Annexure P-4) from Ambassador of India at Kathmandu on 27.05.2013 for climbing Mount Everest on 25.03.2013. He was also awarded with 'Bharat Gaurav Puraskar' (Annexure P-5) by National Adventure Club (India), Chandigarh on 10.02.2014, for showing extraordinary resolve and exemplary courage during the Mount Everest Expedition-2013.
(3.) The petitioner belongs to economically weaker section of the Society and his father is a labourer. With the help of various organizations and high profile individual from Tohana, he was able to meet the expenses of L 25 lacs, which was required to scale the highest mountain of Mount Everest. He managed to train himself at Atal Bihari Vajpai Institute of Mountaineering and Allied Sports from Government of Himachal Pradesh from 01.09.2012 to 26.09.2012. As per document (Annexure P-8), the petitioner continued his expedition by climbing Mountain Elbrus (5642 meters) via south route on 17.07.2014. He completed his schooling from Bajrang Model School. He also completed in sports at various levels i.e. Boxing, Pistol Shooting 10 mm, Air Rifle Shooting at National level, Kabaddi, Athletics, Waterpolo on his own. Respondent Nos. 6 and 7 were in the same batch at the time of climbing Mount Everest along with the petitioner. Therefore, he is seeking direction to the respondents to consider him in terms of the policy dated 06.01.2009 (Annexure P-2) issued by Home (Police) Department, whereby 6% of the total posts of DSPs were to be reserved for outstanding sports persons of Haryana State, who bring extraordinary laurels to the country and the State of Haryana. With regard to appointment of respondent No.5 as DSP in Police Department, the petitioner has gathered information (Annexure P-11) under the Right to Information Act, 2005 and found that she (respondent No.5) has been appointed on the basis of conquest of Mount Everest on 22.05.2010. Vide information dated 16.09.2014 (Annexure P-12), he was further informed that respondent Nos. 6 and 7 (who had accompanied him in the same batch for Mount Everest Expedition) were appointed as Sub Inspectors by the State Government vide letters dated 16.07.2014. Earlier, they were appointed in the Police Department as lady constables and thereafter, were inducted as Sub Inspectors after the mountaineering expedition. The petitioner has referred to a decision taken by the Council of Ministers in a meeting held on 02.05.2013 (Annexure P-13), whereby it was decided to give one time cash of L 5 lacs to those sports persons of Haryana, who have successfully scaled Mount Everest since 2005, subject to the condition that they were not Government employees/have not been provided Government job on this account. As per information dated 13.10.2014 (Annexure P-15) received under the RTI Act, the petitioner could not be extended the benefit of giving a job in view of policy dated 15.07.2014, according to which, the mountaineering sports were not to be included for employment. However, respondent Nos. 5 to 7 have been given appointments by the Police Departments. Accordingly, the petitioner is seeking appointment in parity with respondent Nos. 5 to 7.;


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