IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 4421 of 2009 Date of Decision: 20.3.2009 Jaswinder Singh and others ---Petitioners Vs. State of Punjab and others ---Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Vipin Mahajan, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Ms. Charu Tuli, Sr. DAG, Punjab accepts notice on behalf of the respondent-State. Two sets of complete paper book be furnished to her during the course of the day. The petitioners were serving as SPOs and posted at various places. Thereafter, they were regularised as Constables and allotted the constabulary numbers. Some of the SPOs filed writ petition being CWP No. 7451 of 1996 seeking the benefit of appointment as Constables from the date persons junior to them were appointed. This writ petition was allowed and the respondent-State was directed to give the benefit from the date juniors were promoted as Constables. On the basis of the aforesaid judgement, the State Govt. issued a general circular on 2.7.1999 to grant the benefit of appointment as Constable in respect of all such SPOs, whose juniors were appointed as Constables prior to them. The petitioners are seeking the benefit of the aforesaid judgement and the circular (Annexure P- CWP No. 4421 of 2009 -2- 1) referred to herein above. The petitioners have also served a legal notice dated 4.11.2008 (Annexure P-6) and some clarifications were sought on the legal notice, however, no final decision has been taken till date. Learned counsel for the petitioners submits that he will be satisfied, if, the respondents are directed to take decision on the legal notice of the petitioners in the light of the judgement of this Court in CWP No. 7451 of 1996 and the circular dated 2.7.1999. This petition is accordingly disposed of with a direction to the respondents to take decision on the legal notice of the petitioners in the light of the aforesaid judgement and circular within a period of three months from the date certified copy of this order is served upon the competent authority. If, the claim of the petitioners is found to be legal and valid, they be allowed the required benefits. However, in case, their claim is to be rejected, the same shall be by a reasoned and speaking order. Disposed of as such. (PERMOD KOHLI) JUDGE 20.3.2009 lucky