High Court of Punjab and HaryanaCWP/18234/2016dismissed

Sukhdarshan Singh v. State Of Punjab And ORS

2016-12-13Mr. Justice S.P. Bangarh2 pages

CWP 18234/2016(O&M)

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:13/12/2016 Sukhdarshan Singh ............Petitioner vs State of Punjab and others .............Respondents CORAM:- HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.SC Pathela,Advocate for the petitioner.

Mz.Sudeepti Sharma,DAG Punjab assisted by Mr.Balwinder Singh,Jr.Asstt., office of DGP Punjab Jaswant Singh,J(Oral) Petitioner is working as an ASI at Faridkot and his grievance is that inspite of his willingness he had not been deputed for Upper School Course required for promotion to the rank of Sub Inspector while deputing his juniors.

Upon notice, a short affidavit dated 8.9.2016 of Mr.Inderbir Singh,IPS,AIG Personnel,Punjab has been filed. It is stated therein that the petitioner was recruited as a Constable on 12.4.1986 and being a Sports person was promoted as a Head Constable on 24.4.1990 in excess of 10% C-II quota. In the light of decision dated 21.4.1998 of this Court in CWP 13788/1997 titled as SI Swaran Singh v State of Punjab laying down that Constables of List C-II could not be promoted in excess of 10% quota the petitioner and others were adjusted by creating 65 ex-cadre posts of Head Constables for Sports persons. It is further stated that petitioner was required to be deputed to Upper School Course,however, in the light of seniority of the police officials belonging to all cadres being revised in compliance of judgment dated 16.12.2014 of this Court in CWP 4829/2011 titled SI Pardeep Singh and others v State of Punjab, it cannot be accepted that any person junior to the petitioner has been deputed to undergo Upper School Course.

Rajinder Parshad Joshi 2016.12.13 17:25 I attest to the accuracy and integrity of this document Be that as it may, at the time of hearing,learned counsel for the

CWP 18234/2016(O&M) respondent State submits that present petition has become infructuous as vide Memo dated 30.11.2016 issued by office of DGP,Punjab, petitioner has been ordered to be deputed to Upper School Course. In view of the statement made by learned counsel for the State, present petition is dismissed as having become infructuous. 13.12.2016 (Jaswant Singh) joshi Judge Whether speaking/ reasoned Yes/No Whether Reportable:

Yes/No Rajinder Parshad Joshi 2016.12.13 17:25 I attest to the accuracy and integrity of this document