CWP NO.17659 OF 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 15.4.2009 Vijay Kumar and others ...Petitioners VERSUS State of Punjab & Others …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Harsimran Singh Sethi, Advocate for the petitioners Ms.Charu Tuli, Sr.DAG, Punjab Permod Kohli, J. (Oral) The petitioners in the present case are working as Constables. They are seeking their promotion to the post of Head Constables in terms of Rule 13.8 of the Punjab Police Rules. Promotion to the post of Head Constables is made either on the basis of passing of the Lower School Course and such persons who successfully complete the course are brought on List C-1 or the persons who do not qualify for Lower School Course, but are brought on List C-II under 10% quota. 10% quota is fixed for such Constables who are enrolled in List C-II. Admittedly, the petitioners fall in Second Category. It is specifically alleged that out of 558 posts of Constables, the 10% quota comes to 58 posts and the petitioners have already been enrolled in List C- CWP NO.17659 OF 2007 2 II. There is specific averment in the writ petition that since 1992, no regular promotion has been made to the post of Head Constables in District Amritsar from the list C-II maintained by the police department. There is also specific averment made in the writ petition that persons who were brought in list C-II later than the petitioners and some other Constables have been given the Current Duty Charge of Head Constable and thus, they were promoted as Head Constables in the garb of Current Duty Charge ignoring the right and entitlement of the petitioners and such other Constables who are senior to them in the category of List C-II. The specific stand of the respondents is that the Director General of Police, Punjab vide its endorsement dated 31.3.2008 has issued directions to withdraw ad hoc ranks granted to police officials in this category. It is also admitted in paragraph 6 of the reply that no promotion has been made from List C-II since 1992 against the 10% quota meant for this Category. Keeping in view the specific averments contained in the writ petition, this Court had directed the learned counsel for the respondents to inform the Court whether the directions of the Director General of Police, Punjab referred to above have been complied with or not. Today, Ms.Charu Tuli, Sr. DAG, Punjab has stated that information is being ascertained from District Amritsar. It appears that the respondents are withholding the necessary information from the Court, with a view to continue the benefits to such persons who are holding the Current Duty Charge as Head Constables in contravention of Rule 13.8 ignoring the persons who are senior in the List C-II. In view of the above, this petition is disposed of with a direction to the respondents to terminate all ad hoc promotions to the post of Head CWP NO.17659 OF 2007 3 Constables against 10% quota meant for the Constables of List C-II with effect from 31.5.2009 Consequently, the respondents are directed to make promotion on regular/substantive basis on the basis of seniority in List C-II maintained by the State within a period of two months commencing from 1.6.2009. The compliance report shall be filed before the Registry on or before 10.8.2009. (PERMOD KOHLI) JUDGE 15.4.2009 MFK NOTE: Whether to be referred to Reporter or not:NO