Civil Writ Petition No. 16508 of 1991 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No. 16508 of 1991 DATE OF DECISION: September 20, 2011 Mangal Singh .....Petitioner VERSUS The State of Haryana and others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. 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: None for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana, for the State. **** RANJIT SINGH, J. The petitioner seeks quashing of the impugned order Annexure P-4 with further direction to include his name in the C-II list . Vide Annexure P-4, the prayer of the petitioner for giving him regular promotion as exemptee Head Constable was considered and rejected and accordingly, he was not brought on list C-II. The petitioner was enrolled as Constable in Haryana Police on 11.5.1963. He was a matriculate and was enrolled as officiating Head Constable on 25.7.1979. The petitioner claims to have performed his duties honestly and sincerely. There being no complaint against him, he was also issued some recommendation Civil Writ Petition No. 16508 of 1991 -2- certificates. Reference is made to provisions of rule 13.8 of the Punjab Police Rules, 1934(for short 'the Rules'), which requires all constables to pass Lower School Course for having considered eligible for promotion as a Head Constable. 10% of the vacancies of Head Constables can be filled from amongst the Constables, who had not passed the course but are otherwise considered suitable for promotion. Since the service record of the petitioner was good, the petitioner was promoted as officiating Head Constable. The petitioner was also sent for Mini Lower Course (meant for the Constables promoted as Head Constables), which he successfully completed. The petitioner, thus, claimed himself to be confirmed as Head Constable and that his name was deemed to be entered in C-II list. The petitioner also claims to have been promoted as Head Constable, but was surprised to learn that his junior persons were promoted and confirmed as Head Constables. The petitioner made a representation narrating all these facts. The said representation was rejected and the petitioner has, accordingly, filed the present writ petition. In the reply filed, it is disclosed that the petitioner is higher secondary passed, but for the purpose of promotions one has to get himself selected for admission to the Lower School Course as prescribed under Rule 13.7 of the Punjab Police Rules. The petitioner in fact was never promoted as Head Constable. The Government of Haryana, Home Department, had taken a decision to upgrade the posts of Constables to that of Head Constables. These were to be made available to those Constables, who could not pass the prescribed course for promotion and had rendered 15 years Civil Writ Petition No. 16508 of 1991 -3- service and were otherwise fit for promotion on the basis of their service records. These posts were personal to the incumbents and in case, any of these Head Constables were promoted to a higher posts or sent on deputation out of the State or retired, then the resultant posts of Head Constables were automatically to be reverted to the Constables. The petitioner had not been able to pass the prescribed course for promotion. The post held by him was upgraded to that of Head Constable and he was shown to have been promoted as such on official basis. This was just the upgradation of a post. This was a benefit of upgradation of a post like an incentive even to senior most Constables, who have not been able to pass the prescribed course. It is, accordingly, stated that the name of the petitioner could not be entered in C-II list until and unless the same was recommended by his senior officers and was approved by the Deputy Inspector General of Police, Ambala Range, Ambala Cantt. It is again reiterated that the post held by the petitioner was upgraded to the Head Constable as special incentive, but he was never promoted under the Rules. It is further stated that the petitioner cannot be confirmed on the post of Head Constable. The claim raised by the petitioner is, accordingly, declined. Once the petitioner had not qualified in the requisite course and was shown concession by promoting him as an officiating Head Constable, he certainly cannot make a claim for being confirmed on C-II list. The representation or plea of the petitioner was rejected. I do not see any justification, which would call for interference in exercise of writ jurisdiction. Now at this stage, with the passage of time, the relief claimed in the writ petition has Civil Writ Petition No. 16508 of 1991 -4- obviously become infructuous. The writ petition is, accordingly, dismissed. September 20, 2011 ( RANJIT SINGH ) monika JUDGE