Mohinder Singh And ORS v. State Of Haryana And Others
CWP No.17533-2020(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP No.17533-2020(O&M) Date of Decision:02.09.2025 SI Mohinder Singh and others ....Petitioners vs.
State of Haryana and others ....Respondents
CORAM:
HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:
Mr. Karamveer Singh Banyana, Advocate for the petitioners Mr. Ashok Kumar Khubbar, Addl. A.G., Haryana Mr. Chanderhas Yadav, Advocate for Mr. Parveen Kumar Rohila, Advocate for respondents No. 11 and 12 *** JAGMOHAN BANSAL, J. (ORAL) 1.
The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of orders dated 25.10.2019 (Annexure P-7) and 15.10.2019 (Annexure P-8) whereby date of confirmation as Head Constable of their juniors has been changed after more than ten years. They are further seeking setting aside of promotion order dated 17.03.2020 (Annexure P-9) whereby their juniors have been promoted as Sub Inspectors by extending antedated promotions. 2.
The State of Haryana, for the purpose of police administration, has been bifurcated into different Ranges. Karnal Range came to be
CWP No.17533-2020(O&M) -2established on 29.09.2011. The said Range comprises Districts Karnal, Panipat and Kaithal. The said range was carved out from Ambala and Rohtak Range. Districts Karnal and Panipat were part of Rohtak Range and Kaithal was part of Ambala Range. The petitioners were initially part of District Kaithal. Their promotion as Head Constable was confirmed during 2004-2008 in District Kaithal. The private respondents were promoted and thereafter confirmed as Head Constable during 2009-2011. They were part of District Panipat and Karnal. As soon as Karnal range was constituted, the petitioners as well as private respondents became part of Karnal Range. Their seniority as Head Constable has to be considered District wise.
The petitioners were part of District Kaithal and private respondents were part of District Panipat and Karnal. The private respondents as well as petitioners are part of Karnal Range, however Rohtak Range has revised seniority of private respondents by impugned order. The respondent in 2016 prepared seniority list of Assistant Sub Inspectors. In the said seniority list, petitioners were senior to private respondents. The Rohtak Range in 2019 revised seniority of private respondents and they came to be made senior to petitioners. The seniority of private respondents was revised after ten years from the date of their confirmation during 2009-2011. 3.
Mr. Karamveer Singh Banyana, Advocate submits that as per report of the Officers' Committee as well as order dated 04.02.2019 passed by Director General of Police, Haryana, seniority of police officials has to be fixed by respective Range. The police officers who are part of Karnal Range cannot be subjected to seniority by Rohtak Range. In the case of petitioners, they were confirmed as Head Constable in District Kaithal which was earlier
CWP No.17533-2020(O&M) -3part of Ambala Range and later on became part of Karnal Range. The private respondents were part of Panipat and Karnal Districts as Head Constable and they also became part of Karnal Range. As petitioners as well as private respondents in 2019 were part of Karnal Range, their seniority or confirmation could not be ordered by Rohtak Range. 4.
Per contra, Mr. Ashok Kumar Khubbar, Addl. A.G., Haryana submits that seniority has been re-fixed as per applicable Rules and decision of Officers' Committee.
5.
I have heard learned counsel for the parties and perused the record with their able assistance.
6.
From the perusal of record especially decision of Officers' Committee, it is evident that all Head Constables have their lien in the District and consequent Range in which they get confirmation as Head Constable. If a Head Constable gets confirmation in a particular District which becomes part of any other Range, his seniority is considered as per his parent District where he carries lien and where he was confirmed as Head Constable. It is apt to notice here that seniority of Constables and Head Constables is maintained at District level whereas seniority of Assistant Sub Inspectors and Sub Inspectors is maintained at Range level. The petitioners as well as private respondents were confirmed as Head Constable in Districts Kaithal, Panipat and Karnal. They all became part of Karnal Range. Any decision with respect to their seniority and promotion could be taken by Karnal Range. Rohtak Range had no right to decide their seniority or promotion. Accordingly, it is hereby held that impugned order has wrongly been passed by Rohtak Range qua private respondents.
CWP No.17533-2020(O&M) -47.
In the wake of above discussion and findings, the Director General of Police, Haryana is hereby directed to look into the matter either himself or depute any other officer to pass an appropriate order within three months from today.
8.
Petition stands disposed of in the above terms. 9.
Pending Misc. application(s), if any, shall stand disposed of. (JAGMOHAN BANSAL) JUDGE 02.09.2025 paramjit Whether speaking/reasoned: Yes Whether reportable:
No