Karam Singh v. State Of Punjab And Others

  
  



 


 

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Present:

Mr. Ravi Sharma, Advocate and Mr. Ravinder Kumar Panchal, Advocate for the petitioner.

Mr. Rajesh Mehta, Additional A.G., Punjab.

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By way of present writ petition, challenge has been laid to orders dated 30.11.2016, 06.12.2016 and that 22.12.2016, whereby the promotion granted to the petitioner to the rank of Head Constable and above in the technical grade has been held to be against the rules on the ground that he did not pass TGT Course. 2.

Petitioner served Indian Forces during national emergency in the year 1965 and 1971 war. Thereafter was enrolled as Constable with the Punjab Police on 20.04.1976 in wireless wing. In order to claim benefits under the relevant rules, petitioner approached this Court by way of CWP5549951992, whereby he was held to be entitled for the same specially petition filed at the behest of the State was dismissed. In compliance of the orders passed in favour of the petitioner, he was granted 04 years and 27 days of military services towards seniority and promotion. Still further in the second round of litigation, the petitioner had to approach this Court by way of CWP51302551997 and the respondents were directed to determine the deemed date of promotion to the petitioner in the rank of ASI and Sub5 Inspector.



3.

Intra Court Appeal preferred at the behest of the State was dismissed. The respondents passed order restoring the deemed date of list 'F' of the petitioner which led to passing of order dated 30.11.2016 and that too 22.12.2016. 4.

Counsel for the petitioner submits that the factual premise on which the impugned order has been passed is wrong and thus the impugned order cannot be sustained. He has referred to his service book wherein, the fact of the petitioner having passed TGT Course has been specifically noticed and the notings read as under:5 "12 Miscellaneous Particulars War Medals and Decorations5 Note:5 Enter designation of award and date only5Gazette notification in case of King's Police Medal and the Indian Police Medal. Other special decorations to be entered in full under commendatory entries.

15C Passed in Part5II only in the final Exam of Radio Technician Gd5II Course (SM/92) held from 1055585 to 1855585 at CPRTI New Delhi's No. No. J515013/1 (SM/92)/855TRG dated 19585 85 vide DSP Endst. No. 8215521/82 28/8/85 sd/5 Dy. Superintendent of Police Wireless Punjab, Chandigarh

13. Miscellaneous particulars, including awards other than those accompanied by commendation certificates, admission to be removed from promotions lists.

25C Passed retest of Technical Grade II Course (SM596) held from 215551986 to 3055586 at Central Police Training Institute Ravindra Rangshalle Road New Delhi vide DCPW letter No. J515013/1 (SM596/86) Trg dated 22/10/86 DPT endst No. 9222538/E52 dated 29510586.

sd/5 Dy. Superintendent of Police, Punjab, Chandigarh 35C Passed final examination of Radio Technician Grade I course held from 654590 to 2054590 at DCPW New Delhi vide letter No. J515013/1 (SM5121/123)/905Trg dated 2555590



DPT PB order No 122975302/E2 sd/5 6/6/90 Dy. Superintendent of Police (Wireless) Punjab, Chandigarh 45C Passed TGT course held from 01/04/1976 to 26/02/77 at PPA Phillaur.

Vide No.16292594/E52 sd/5 dated 27/5/15 Dy. Superintendent of Police Tele Communication Punjab Chandigarh"

5.

Counsel representing the State is not in a position to dispute the aforesaid facts. In view of the aforesaid admitted position of facts and the petitioner having passed TGT Technical Grade53 Course, cannot be held to have been wrongly promoted to the rank of Head Constable in Technical Grade. 6.

In view of the aforesaid facts, the present writ petition is allowed. The order holding the promotion of the petitioner to be bad in law and against the law is held to be illegal and hereby quashed. Resultantly, the respondents are directed to release the consequential benefits to the petitioner in accordance with law alongwith interest @ 6% per annum from the date of approval till the date of its actual realization within a period of 12 weeks from the date of receipt of certified copy of the order.

7.

Ordered accordingly.

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  ) )  Dinesh Whether speaking/reasoned :

Yes Whether Reportable :

No