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High Court of Punjab and HaryanaCWP/17973/2022disposed of

Raj Bachan Singh v. State Of Punjab And Others

2022-09-21Ms. Justice Jaishree Thakur3 pages

-1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision.21.09.2022 Raj Bachan Singh

...Petitioner

Vs State of Punjab and others

...Respondents

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. P.S. Khurana, Advocate for the petitioner.

Mr. Deepali Puri, Addl. A.G., Punjab.

Mr. Ashish Rawal, Advocate for respondent No.2-UOI.

-.- JAISHREE THAKUR J. (ORAL) C.M. No.15054 of 2022 Application is allowed.

Annexure P-14 is taken on record.

CWP No.17973 of 2022 The instant writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus, directing the respondents No.1 and 3 to 4 to send the list of eligible names of the State Police Service Cadre Officers for promotion/induction into the Indian Police Service for the select list of the year 1987 to 2021 (during the course of arguments years 2019-2020 have been stressed upon) and further directing the respondents to expedite the entire process.

The grouse of the petitioner is that the petitioner is being put to great disadvantage as the respondents are delaying the sending of the select

-2list of State Police Service Cadre officers for promotion to the Indian Police Service. It is submitted that the list has to be prepared and sent every year against the vacancies that keep occurring on account of retirements that accrue. It is further submitted that as on date, there are 20 posts, which are required to be filled up from persons of the State Police Service Cadre and the said process is not being completed. It is submitted that the petitioner herein is due to retire on 30.09.2022 and in case said list is not prepared and forwarded to Union of India, he will retire and will have no further recourse.

Pursuant to the notice of motion order, appearance has been caused on behalf of the Union of India as well as the respondent-State. Ms. Deepali Puri, Addl. A.G., Punjab on instructions from Ravneet Kaur, Supdt. Grade 1, Home Department would submit that there was an inter se dispute regarding the seniority of certain candidates and that is why there was a delay in formulating the list of eligible names of the State Police Service Cadre for consideration to be promoted to the Indian Police Service. The delay has been caused due to pendency of the issue of re-determination of the seniority of persons, who had already been promoted. It is submitted that the matter has now been bifurcated and a decision has been taken to send the select list for the year 2019-2020 to the Union of India for consultation and consideration.

In view of the statement made by counsel appearing for the respondent-State that a decision has already been taken as on today itself to prepare a select list of eligible candidates for the year 2019-2020, for recommendation to be inducted into the Indian Police Service, the instant writ petition stands disposed of.

-3approached this Court well in time and knocked doors of the Court seeking redressal of his grievance, it is expected that the entire exercise of sending names of persons from State Police Service Cadre to Indian Police Service would be completed as expeditiously as possible and preferably within a period of two weeks from today, especially considering the fact that certain persons who may come on to the eligible list are due to retire in near future and would lose the benefit of being promoted, if found eligible. (JAISHREE THAKUR) JUDGE September 21, 2022 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No