Kitab Singh And Others v. State Of Haryana And Others

CWP No.1548 of 2020 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1548 of 2020 (O&M) Date of Decision.08.04.2022 Kitab Singh and others

...Petitioners

Vs State of Haryana and others

...Respondents

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Karamveer Singh Banyana, Advocate for the petitioners.

Ms. Upasana Dhawan, AAG, Haryana.

-.- JAISHREE THAKUR J. (ORAL) Petitioners herein have approached this Court with the limited prayer to quash letter dated 17.01.2006 vide which the benefit of reservation policy has not been granted in promotion up to the rank of Inspector (Class III)/Group C post, which is in violation of the reservation policy dated 15.07.2014 and reservation policy dated 15.05.2015. In brief, the facts are that the petitioners belonging to Scheduled Caste category were working in the Haryana Police on different posts. It is claimed that the petitioners would be entitled for grant of reservation in promotion upto the rank of Inspector in police department but by virtue of Annexure P-5, promotion was limited upto the post of ASI. Counsel for the petitioners herein would contend that Annexure P-5 would not be sustainable, in view of the decisions and instructions allowing promotion in a reserved category upto the post of Inspector in the police department.

Notice of motion was issued, pursuant to which a reply has PANKAJ KUMAR 2022.04.18 17:25 I attest to the accuracy and authenticity of this document

CWP No.1548 of 2020 (O&M) -2been filed on behalf of respondents No.1 to 3. In terms of the reply filed, the Chief Secretary, Haryana vide letter dated 14.09.2020 has forwarded a letter to the Additional Chief Secretary and to all heads of police offices in Haryana vide which the benefits of reservation in promotion to Group C employees of Scheduled Caste is admissible upto the highest promotion within Group C. The Director General of Police, Haryana vide letter dated 06.10.2020 has directed to grant benefit of promotion to Scheduled Caste category employees upto the rank of Inspector on roster point. Learned counsel appearing on behalf of the respondent-State would submit that in terms of the reply filed and in terms of letter dated 06.10.2020 (Annexure R-2), the grievance of the petitioner herein stands addressed.

At this stage, learned counsel for the petitioners would contend that since letter dated 17.01.2006 (Annexure P-5) stands withdrawn and petitioners would be entitled to the benefit of promotion in terms of letter dated 06.10.2020, they be allowed promotion to the post of Inspector. I have heard learned counsel for the parties and in view of the letter dated 06.10.2020 allowing promotion upto the post of Inspector in Group C to the Scheduled Caste category, find that the instant petition has been rendered infructuous and dismissed as such. However, let claim of the petitioners for promotion to the post of Inspector be considered in terms of letter dated 06.10.2020 (Annexure R-2) expeditiously. (JAISHREE THAKUR) JUDGE April 08, 2022 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2022.04.18 17:25 I attest to the accuracy and authenticity of this document