- (1.) This order shall dispose of L.P.A. No. 136 of 2005 filed by Director General of Police and others and Cross objection No. 1 of 2006, filed b Paramjit Singh-respondent No. 1, against the order of learned Single Judge dated December 09, 2004, whereby the writ petition filed by Paramjit Singh was allowed to the extent that he shall be entitled to seniority as Head Constable from March 07, 1990.
(2.) Paramjit Singh aforesaid, filed a writ petition under Articles 226/227 of the Constitution of India and sought a mandamus to treat him as a regularly promoted Head Constable in view of order Annexure P-2 and further depute him to join Intermediate School Course for becoming eligible for promotion as A.S.I. According to him, he was enrolled as a Constable in Commando Police Force on March 20, 1988 and was promoted as Head Constable by D.I.G., Commando, Haryana on March 07, 1990, on ad hoc basis against existing vacancy in the Haryana Police Commando Force, though promotion was fortuitous. In the writ petition, Paramjit Singh had claimed that his ad hoc promotion was under Sports Quota under Rule 13.8.(2) of the Punjab Police Rules, 1934 (for short, 'the Rules'), which is 10% of the total strength, commonly known as exempte head Constables, who are brought on List C-2 and other 90% Head Constables, are brought on List C-1, after passing Lower School Course. In the writ petition, Paramjit Singh had arrayed Mukesh Kumar, Ramesh Kumar, Pawan Kumar and Sushil Kumar as respondent Nos. 4 to 7 to contend that they had passed Lower School Course and were promoted under category C-1 in 1994, but they were definitely juniors to him as he was promoted on ad hoc basis in 1990, though, it was admitted by him in para 9 of the writ petition that he was reverted to the rank of a Constable and had undergone Lower School Course and was again given the rank of Head Constable, but still by virtue of his promotion under Rule 13.8(2) of the Rules in the month of March, 1990, he was senior to the private respondents.
(3.) In reply to the writ petition, filed by Superintendent of Police, Commando Newal (Karnal), Haryana, on behalf of respondent No. 1 to 3, it was alleged that the petitioner was promoted on ad hoc basis as Head Constable on March 07, 1990, but it was purely temporary and fortuitous as it was clearly mentioned in the order, as a result of which he will have no right to claim seniority etc. over his seniors and can be reverted at any time without any show cause notice. The petitioner was considered for List B-1 in the year 1993 and was entered on list B-1 on February 22, 1993. The petitioner was reverted to his substantive rank of Constable vide order No. 13869-82/A-2 dated August 03, 1993 and on the basis of his seniority, he was deputed to undergo Lower School Course at PTC, w.e.f. August 01, 1993 to January 31, 1994. After passing of Lower School Course, he was given List C-1 on March 15, 1994 and was promoted to the rank of Head Constable on April 28, 1994. Thus, the petitioner (Paramjit Singh) had no right of seniority over his seniors.;