Shiv Kumar Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1141123
CourtPunjab and Haryana High Court
Decided OnMay-22-2014
AppellantShiv Kumar
RespondentState of Haryana and Others
Excerpt:
civil writ petition no.9267 of 2014 -1- in the high court of punjab and haryana at chandigarh civil writ petition no.9267 of 2014 date of decision: may22 2014 shiv kumar .....petitioner versus state of haryana and others ....respondents coram:- hon'ble mr.justice augustine george masih1 whether reporters of local papers may be allowed to see the judgement?. 2. to be referred to the reporters or not?. 3. whether the judgment should be reported in the digest?. present: mr.b.b.kaushik, advocate for the petitioner. ***** augustine george masih, j. (oral) petitioner has approached this court praying for issuance of a writ of mandamus directing the respondents to grant the promotion to the petitioner to the post of sub inspector (english branch) sc reserved category from the post of assistant sub inspector alongwith all consequential benefits and arrears.it is the contention of the counsel for the petitioner that the petitioner was promoted to the post of assistant sub inspector vide order dated 16.04.2010 with effect from 06.10.2008 whereas sub inspector ram kumar was promoted as an assistant sub inspector on 16.04.2010 and, therefore, the petitioner, being senior to him in the feeder cadre, has to be treated as senior to ram kumar and promoted to the post of sub inspector harish kumar 2014.05.23 10:19 civil writ petition no.9267 of 2014 -2- instead of ram kumar who has been promoted as such on 01.08.2013. he, on this basis, contends that a direction be issued to the respondents to promote the petitioner from the said date. this contention of the counsel for the petitioner cannot be accepted in the light of the fact that sub inspector ram kumar who belongs to the general category was senior to the petitioner-shiv kumar who belongs to the sc category from the date of his initial appointment in the department as a constable and thereafter as well. the comparative chart of the petitioner and ram kumar reads as follows:- sr no.particulars si ram kumar asi shiv kumar- no.12/bwn petitioner no.124/ftb1date of entry 30/03/1988 09/08/1985 date of approved in 13/02/1992 20/04/1993 executive clerical 2 cadre promotion as head 24/04/1992 3 constable 09/04/1998 4 promotion as chc3108/1994 31/08/2004 promotion as p/asi1604/2010 16/04/2010 06/10/2008 deemed by giving benefit of 5 reservation promotion as 31/08/2012 -- 6 c/asi7promotion as si0108/2013 -- a perusal of the above chart would show that ram kumar was senior to the petitioner till the stage of promotion to the post of head constable, it is only thereafter when promotion was granted to the post for the assistant sub inspector, the petitioner, because of benefit of reservation policy, was promoted prior to ram kumar. admittedly, ram kumar caught up with the petitioner in the cadre of assistant sub inspector on his harish kumar 2014.05.23 10:19 civil writ petition no.9267 of 2014 -3- promotion on 16.04.2010 assuming the deemed date of promotion of petitioner as 06.10.2008 and thereafter, the petitioner would rate junior to him as per the judgment passed by hon'ble supreme court in ajit singh janjua and others versus state of punjab and others.jt1999(7) sc153 after the amendment of the constitution, government of haryana issued instructions dated 16.03.2006, according to which, the protection of seniority on promotion was granted to sc category employee by giving them the benefit of reserved category. these instructions were quashed by this court in cwp no.17280 of 2011, titled as 'prem kumar verma & others versus state of haryana & others', decided on 07.08.2012. in compliance with the said judgment passed by this court, the said judgment has been accepted by the government of haryana and instructions dated 20.02.2013 issued to this effect. the petitioner, thus, cannot be granted the benefit as has been made by him in the present writ petition as he would, in the light of the judgment ajit singh janjua's case (supra) would be junior to ram kumar who was senior to the petitioner in the feeder cadre of head constable. the order dated 11.04.2014 (annexure p-7) passed by the inspector general of police, hisar range, hisar, rejecting the claim of the petitioner is in accordance with law and does not call for any interference by this court. the writ petition, therefore, stands dismissed. may 22, 2014 ( augustine george masih ) harish judge harish kumar 2014.05.23 10:19
Judgment:

CIVIL WRIT PETITION NO.9267 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CIVIL WRIT PETITION NO.9267 of 2014 DATE OF DECISION: MAY22 2014 Shiv Kumar .....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH1 Whether Reporters of local papers may be allowed to see the judgement?.

2.

To be referred to the Reporters or not?.

3.

Whether the judgment should be reported in the Digest?.

Present: Mr.B.B.Kaushik, Advocate for the petitioner.

***** AUGUSTINE GEORGE MASIH, J.

(ORAL) Petitioner has approached this Court praying for issuance of a writ of mandamus directing the respondents to grant the promotion to the petitioner to the post of Sub Inspector (English Branch) SC reserved category from the post of Assistant Sub Inspector alongwith all consequential benefits and arreaRs.It is the contention of the counsel for the petitioner that the petitioner was promoted to the post of Assistant Sub Inspector vide order dated 16.04.2010 with effect from 06.10.2008 whereas Sub Inspector Ram Kumar was promoted as an Assistant Sub Inspector on 16.04.2010 and, therefore, the petitioner, being senior to him in the feeder cadre, has to be treated as senior to Ram Kumar and promoted to the post of Sub Inspector Harish Kumar 2014.05.23 10:19 CIVIL WRIT PETITION NO.9267 of 2014 -2- instead of Ram Kumar who has been promoted as such on 01.08.2013.

He, on this basis, contends that a direction be issued to the respondents to promote the petitioner from the said date.

This contention of the counsel for the petitioner cannot be accepted in the light of the fact that Sub Inspector Ram Kumar who belongs to the general category was senior to the petitioner-Shiv Kumar who belongs to the SC category from the date of his initial appointment in the department as a Constable and thereafter as well.

The comparative chart of the petitioner and Ram Kumar reads as follows:- Sr No.Particulars SI Ram Kumar ASI Shiv Kumar- No.12/BWN petitioner No.124/FTB1Date of Entry 30/03/1988 09/08/1985 Date of approved in 13/02/1992 20/04/1993 Executive Clerical 2 Cadre Promotion as Head 24/04/1992 3 Constable 09/04/1998 4 Promotion as CHC3108/1994 31/08/2004 Promotion as P/ASI1604/2010 16/04/2010 06/10/2008 deemed by giving benefit of 5 reservation Promotion as 31/08/2012 -- 6 C/ASI7Promotion as SI0108/2013 -- A perusal of the above chart would show that Ram Kumar was senior to the petitioner till the stage of promotion to the post of Head Constable, it is only thereafter when promotion was granted to the post for the Assistant Sub Inspector, the petitioner, because of benefit of reservation policy, was promoted prior to Ram Kumar.

Admittedly, Ram Kumar caught up with the petitioner in the cadre of Assistant Sub Inspector on his Harish Kumar 2014.05.23 10:19 CIVIL WRIT PETITION NO.9267 of 2014 -3- promotion on 16.04.2010 assuming the deemed date of promotion of petitioner as 06.10.2008 and thereafter, the petitioner would rate junior to him as per the judgment passed by Hon'ble Supreme Court in Ajit Singh Janjua and others versus State of Punjab and otheRs.JT1999(7) SC153 After the amendment of the Constitution, Government of Haryana issued instructions dated 16.03.2006, according to which, the protection of seniority on promotion was granted to SC category employee by giving them the benefit of reserved category.

These instructions were quashed by this Court in CWP No.17280 of 2011, titled as 'Prem Kumar Verma & others versus State of Haryana & others', decided on 07.08.2012.

In compliance with the said judgment passed by this Court, the said judgment has been accepted by the Government of Haryana and instructions dated 20.02.2013 issued to this effect.

The petitioner, thus, cannot be granted the benefit as has been made by him in the present writ petition as he would, in the light of the judgment Ajit Singh Janjua's case (supra) would be junior to Ram Kumar who was senior to the petitioner in the feeder cadre of Head Constable.

The order dated 11.04.2014 (Annexure P-7) passed by the Inspector General of Police, Hisar Range, Hisar, rejecting the claim of the petitioner is in accordance with law and does not call for any interference by this Court.

The writ petition, therefore, stands dismissed.

May 22, 2014 ( AUGUSTINE GEORGE MASIH ) Harish JUDGE Harish Kumar 2014.05.23 10:19