JAGBIR SINGH versus STATE OF HARYANA AND ORS . on 25 March 1996

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JAGBIR .SINGH

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. · STATE Of HARYANA AND ORS .

" . ' .... MARCH 25, 1996 f'. } .

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0. [K. RAMASWAMY AND G.B. PATTANAIK, JJ.) " l_ < '• 1 :. " • I ~. ' f , ·. 't' ' ' ,. '. it;. ·-'-' Se1Vice Law·: · ....

Appointment against spolts quota-<:oiistable in Haryana Police-Ap-pointment .of-Promoted and later confirmed as Head. Constable keeping in C view his peifannance in ,spalts-Subsequently steps for de confirmation . takeii--Held;'emplayee entitled ta regular p;amatiim-He must be deemed ta ''Have· been reguiarised as Head Caniiable ai1d all i:'ansequential benefits shauli be given 'ia hi1n. · ~' "' · ·. 1 .. ·

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Risha/· Singh v, State of Haryana:& Ors., JT (1:992) 2 SC 157, relied D ··on. ' . -~-;·_f. · ·f}p -~ .

CIVIL APPELLATE JURiSDICTION: _Civil Appeal Nos. 6910-11 of 1996 .

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From the Judgme~t and Order 'dated 31.3.94 ~f the Punjab' & Haryana High Court in C.W.P. Nos. 1S044/9'.l" a~d 1S75 of i994. ''

• j._' ,J • • ·• ' l : ; ·J i I . ,~ . j; ' • !{' · Prem. Malhotra • -, • ·' ! anc:I ., H Piyush for the Appellants. , t · · ,, • ·I .

Ms. Indu Malhoti!', Suruchi Aggarwal for the 'Respondents.

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;~ The following Order of the Court was delivered :

Leave granted.

These appeals by special leave arise from the order of the Punjab & Haryana High Court made on 31.3.1994 in Civii'Writ Petition Nos. 15044/93 and 1575/94. The appellant was recruited as a Constable in Haryana Police G service against sports quota on September 15, 1977. He was promoted as Head Constable. on July 4, 1984 keeping in view his performance in the. sports. He was also confirmed as a Head Constable on Aµgust 31, 1987. He was served with a show cause notice by Superintendent of Police dated August 11, 19_88 as to why he should not be de-confirmed as Head Con- H 877

A stable w.e.f. August 31, 1987. In the meanwhile, he was also promoted as Assistant Sub-Inspector on ad hoc basis on November 22, 1990. While he was conti~uing as Assistant Sub-Inspector, he was provisionally selected to undergo intermediate school course which was to commence from Septem-ber 15, 1993. He was selected and sent for the training While the appellant B was undergoing the training his name was deleted from the list of Head Constables. Consequently, after unsuccessful attempt by representations, · the appellant filed the Writ Petition No. 1575/94 in the High Court chal-lenging the validity of the second show cause notice dated December 14, 1993. It was dismissed by the High Court by order dated March 31, 1994. The other writ petition challenging de-confirmation was dismissed. Thus, C these appeals by special leave.

In view of the admitted position that he was recruited under the sports quota and also promoted thereunder, his promotion is according to rules. The controversy raised was considered by this Court in Risha/ Singh v. State of Haryana & Ors., JT (1992) 2 SC 157). It was held therein that D though the order indicated that the promotion was on was on on ad hoc basis, but in view of Rule 13.1(1) of Chapter XIII of the Punjab Police Rules, 1934 as ·is applicable to the Haryana State the promotion given to the appellant was a regular promotion and it cannot be considered to be ad hoc. As a consequence, he was held to be entitled to confirmation in that position. E In view of the above legal position we arc of the view that the appellant is entitled to the regular promotion.

D though the order indicated that the promotion was on was on on ad hoc basis, but in The appeals ar!" accordingly allowed. He must be deemed to have been regularised as Head Constable. All the consequential benefits should also be given to the appellant. No costs.

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Appeals allowed.

R.P.

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