High Court of Punjab and HaryanaCWP/22753/2018dismissed

Amanpreet Singh And ORS v. State Of Punjab And ORS

2018-12-11Mrs. Justice Raj Rahul Garg2 pages

CWP 22753/2018

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP 22753/2018 Date of decision:11.12.2018 Amanpreet Singh and others ..............Petitioners v.

State of Punjab and others ..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Present:- Mr. HPS Rahi,Advocate for Mr.Baljeet Singh Sidhu,Advocate for the petitioners Jaswant Singh,J,(Oral).

27 petitioners herein were engaged as SPOs by the Punjab Police during the period from 1990 to 1996. Subsequently on fulfilling the suitability criteria they were enlisted/recruited on regular basis as Constables in Punjab Police from 2004 onwards. The claim raised in the present petition is for grant of seniority with effect from the dates of their engagement as SPOs. Reliance is being placed on many orders passed whereby certain similarly situated SPOs have been extended that relief.

After hearing counsel for the petitioners, no case for invoking writ jurisdiction is made out.

The period of engagement of petitioners on daily wage basis as SPOs, as per settled law in Harbans Lal v The State of Punjab and others, 2012(3) SCT 362, can only be counted towards qualifying period for grant of pension. The petitioners were enlisted as Constables on regular RAJINDER PARSHAD JOSHI 2018.12.11 16:22 I attest to the accuracy and integrity of this document

CWP 22753/2018 basis with effect from different dates after their selection based on fulfilling the suitability criteria through a recruitment process restricted to SPOs as a source. Thus,they became members of the Punjab Police service with effect from the date of their regular appointment and the previous period of engagement on daily wage basis, as per settled legal principles of service jurisprudence, cannot count towards seniority. The orders produced at the time of hearing only reflect that while appointing certain SPOs as Constables in the same batch their inter se placement was made on the basis of their initial engagement as SPOs and nothing more. That apart, now after eight years the settled seniorities cannot be unsettled. Dismissed.

11.12.2018.

(Jaswant Singh) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No RAJINDER PARSHAD JOSHI 2018.12.11 16:22 I attest to the accuracy and integrity of this document