Punjab-Haryana High Court
Pawan Kumar vs State Of Haryana & Ors on 3 July, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
CWP No.4764 of 2016 (O&M)
CWP No. 3706 of 2016 (O&M)
SUE PHM essa s
214 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision : 03.07.2024
CWP No. 4764 of 2016 (O&M)
ASI Naresh Kumars Petitioner
versus
StateofHaryana&ors, ae Respondents
CWP No. 3711 of 2016 (O&M)
ASI Pawan Kumar ae Petitioner
versus
StateofHaryana&ors, ee Respondents
CWP No. 3706 of 2016 (O&M)
AST Rohtash a Petitioner
versus
StateofHaryana&ors, ae Respondents
CORAM : HON'BLE MR.JUSTICE PANKAJ JAIN
kee
Present :- Mr. Aditya Yadav, Advocate
for the petitioner/s.
(CWP-4764-2016 & CWP-3706-2016).
Ms. Khushboo Garg, Advocate for
Mr. Abhilaksh Grover, Advocate
for the petitioner (CWP-3711-2016).
POOJA SHARMA
2024.07.05 13:48
I attest to the accuracy and
authenticity of this
order/judgment.
CWP No.4764 of 2016 (O&M)
CWP No.3711 of 2016 (O&M) 2
SO24 FHC OSs? s
CWP No. 3706 of 2016 (O&M)
Mr. Ravi Pratap Singh, DAG, Haryana
REE
PANKAJ JAIN, J. (ORAL)
1 This order shall dispose off above mentioned three petitions. For
the sake of convenience the facts are being taken from CWP No.4764 of 2016.
2 Petitioner in the present case is aggrieved of alteration in the
seniority list dated 14.12.2015 (Annexure P-10) whereby not only his seniority
number stands altered to his peril rather date of the promotion as Head
Constable also stands altered to his prejudice.
3 State in its reply has taken refuge under the directions issued by
Division Bench of this Court in LPA No.645 of 2013 which was directed against
the judgment passed by the Single Bench. Division Bench while modifying the
order passed by the Single Judge observed as under :-
"17. Consequently, we modify the order passed by the learned Single
Judge and dispose of these appeals with the following directions :-
(i) The private respondents shall submit their reply to the show cause
notices with liberty to dispute the inter-se-seniority position or the
eligibility or entitlement of the purported seniors to claim retrospective
promotion(s).
(ii) The private respondents will give an undertaking in their reply to the
show cause notice that in the event of rejection of their objections on
merits, they shall be ready and willing to continue in the present rank till
BOP 4S PHC OSP SS Bs
their turn comes for further promotion as per the revised seniority.
(iii) However, if on the revision of seniority it is found that the
respondent - writ petitioners were not entitled to be admitted to List B-I,
we direct that they shall not be deprived of benefit of Lower School
Course already undergone by them though the dates of passing of such
course or inclusion in List B-I_ shall stand postponed.
(iv) Similarly, if any of the respondent - writ petitioners has undergone
any further promotional course, the effect of acquiring such
qualification shall not be taken away though the actual benefit of such
qualification/course shall be given as and when his turn arrives and he
is otherwise eligible under the rules.
(v) The appellants may create supernumerary posts to adjust the seniors
or to retain the respondents in the present status, if so required."
In the written statement stand taken by the State was that the
alteration in the seniority list is result of the review exercise as ordered by the
Division Bench and after the review process was completed and the tentative
seniority list was issued objections were invited from all the concerned asking
them to represent within 7 days of the receipt of the same. The petitioners
having opted not to represent cannot maintain the present writ petitions. On
25.04.2023, this Court passed the following order :-
"Learned State counsel seeks time to bring on record the
necessary information served upon the petitioner in compliance of
general directions in pursuance of order dated 30.05.2013 passed in a
bunch of Letters Patent Appeal being lead case in LPA No.645 of 2013
SO24 FHC OSs? s
titled as State of Haryana and another Versus Sunil Kumar and others.
Let needful be done before the adjourned date.
Adjourned to 25.05.2023.
Photocopy of this order be placed on the files of connected
matters."
5 Pursuant thereto affidavit has been filed in CWP No.3711 of 2016,
wherein the State has in fact admitted that no such notice as mentioned in the
written statement earlier in time was issued. Para No.5 of the affidavit filed by
Deepak Gahlawat, IPS, Deputy Commissioner of Police, Headquarters,
Gurugram dated 12.07.2023 reads as under :-
"5. That before the review process willing/unwilling of all the
officials was invited for Lower School Course. Seniority list was
uploaded on Haryana Police website for inviting objections and
after that final seniority list was prepared. This is general direction
and all the officials were aware about the review process, hence
notices were not issued because too many people were involved."
6 In view of the aforesaid admitted position, this Court finds that the
present petitions can be disposed off by granting opportunity to the petitioners to
represent before respondent No.2-The Director General of Police, Sector-6,
Panchkula within a period of 7 days from the receipt of the certified copy of the
order. It is further directed that DGP shall decide the representation made by
the petitioners within a further period of six weeks.
7 In case, the authority comes to the conclusion that the claim of the
petitioners needs to be admitted, the consequential relief shall be granted within
a further period of four weeks.
8 Petitions stand disposed off.
9 Since the main case has been decided, the pending miscellaneous
applications, if any, also stand disposed off.
10 Photocopy of this order be placed on the connected files.
(PANKAJ JAIN )
JUDGE
03.07.2024
Pooja sharma-I
Whether speaking/reasoned Yes
Whether Reportable : No
