Rajendra Nath Mittal, J. - (1.) Briefly, the case of the petitioner is that he was appointed as an Assistant Sub Inspector Police, in 1950 After his successive promotions, he became Inspector of Police in 1961. On account of Chinese aggression, emergency was declared and certain concessions were declared for the civilian employees and others who joined military service, during that period. He, in view of the said concessions, applied for emergency commission and was selected there. He was commissioned on Oct. 13, 1963. During the period he was serving in the Army, he was promoted as Deputy Superintendent of Police in his parent department in 1965, as his lien had been retained there. He was released from the army when he was serving as a Captain as per phased programme, on April 1, 1968. After having been released from there, he joined as D.S.P. in his parent department on the same day.
(2.) It is pleaded that in view of the declarations by the State of Punjab, two vacancies were reserved by the Government in the rank of DSP's for emergency commissioned officers. The petitioner requested the authorities that he should be posted against one of the vacancies but they did not pay any heed to his request. Then he submitted a memorial to the Governor, State of Haryana, on Aug. 28, 1968, which was rejected on March 5, 1973. Aggrieved from the rejection of his claim, the petitioner filed a writ petition (Civil Writ No. 2635 of 1973) in this Court which was listed before Bains, J. During the course of hearing, on Dec. 9, 1977, the counsel for the State stated that another representation of the petitioner was pending before the Government wherein similar points had been raised. He assured that the Government would consider his case regarding his appointment and confirmation against the reserved post of Deputy Superintendent of Police. It is stated that in view of the aforesaid undertaking, the petitioner got his writ petition dismissed as withdrawn. Later on, his representation was considered by the Government and it was rejected vide order dated Feb. 8, 1978. He has, therefore, filed the present writ petition requesting that the State be directed to treat him as permanent Deputy Superintendent of Police with effect from Dec. 23, 1967, against one of the two posts reserved for ex-emergency commissioned officers, and further to grant him all consequential benefits of seniority, promotion, etc.
(3.) It is contended by the learned counsel for the petitioner that two vacancies for Deputy Superintendents were reserved by the State Government for the ex-emergency commissioned officers but none was recruited against them. He has argued that the petitioner is an ex-emergency commissioned officer and was entitled to one of them, under various concessions commenced by the Government from time to time. According to him, the representations of the petitioner in this regard, were illegally rejected by the Government In support of his contention he has referred to various letters issued by the Government.;