CWP No.19781 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.19781 of 2008 (O&M) Date of Decision: 30.03.2010 **** ASI Amritpal Singh and others . . . . Petitioners VS. State of Punjab and another . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. APS Shergill, Advocate for the petitioners Ms. Charu Tuli, Sr. DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioners are working as ASIs in the Punjab Police. They seek quashing of the notification dated 28.12.2006 (Annexure P4) and consequential order dated 20.02.2007 (Annexure P5) in terms whereof, 295 temporary posts are said to have been created to make out-of-turn promotions to various ranks including Deputy Superintendent of Police. The petitioners allege that the above-stated Notification and the subsequent order creating the posts are wholly illegal, unconstitutional and beyond the prescribed limit of 10% of the total vacancies as provided under the CWP No.19781 of 2008.doc - 2 – Rules. It is also averred that creation of wholesome posts like this is a device to accommodate the favourites out-of-turn which is bound to affect the promotional avenues for large-scale regular cadre incumbents like the petitioners. (2). This Court vide order dated March 4, 2010 passed in CWP No.566 of 2010 (Ranjit Singh and others v. State of Punjab and others) has constituted an Officers’ Committee in order to redress the grievance of the Police personnel. In my considered view the issues raised by the petitioners can also be effectively gone into by the Officers’ Committee in a time-bound manner and after hearing the petitioners as well as those who are likely to be affected by the final outcome. The writ petition is accordingly disposed of by relegating the matter to the Officers’ Committee who shall consider the issues raised in this writ petition uninfluenced of the previous Government decision(s) on the subject, in accordance with law, rules and Government policies. The petitioners shall be at liberty to refer to the judicial decisions including of the Hon’ble Supreme Court in Civil Appeal No.2651-52 of 2010 titled as Union of India and another v. Hemraj Singh Chauhan and others decided on 23.03.2010, at the time of hearing and the same shall CWP No.19781 of 2008.doc - 3 – be considered by the Committee before arriving at any conclusion. The Committee shall take the appropriate decision within a period of four months from the date of receipt of a certified copy of this order. (3). The Committee shall be at liberty to permit both the parties to be represented by their counsel, if so desired, in their representative capacity only. However, such a process shall not be allowed to cause obstruction in the disposal of the matter by the Committee in a time bound manner as directed above. (4). Ordered accordingly. (5). Dasti . (SURYA KANT) JUDGE 30.03.2010 vishal shonkar