IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP-T No. 4686/2008 Decided on:1.9.2010 _____________________________________________ HC Hoshiar Singh. …Petitioner. Versus State of Himachal Pradesh and others. …Respondents. _______________________________________________________ Coram: Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 Yes For the petitioner : Mr. D.P. Gupta, Advocate vice Mr. K.D. Shreedhar, Advocate. For the Respondents: Mr. P.M. Negi, Dy. Advocate General with Mr. R.P. Singh, Asstt. Advocate General. ____________________________________________________ Rajiv Sharma, Judge ( oral ) . Petitioner was enrolled as Constable in the Central Striking Force on 15.11.1984. He was promoted to the rank of Head Constable on 5.3.1994. Thereafter he was transferred to Indian Reserve Battalion with effect from 6.1.1995. He was deputed at Mairi fair on 29.3.1994. He saved life of Harjinder Singh son of Sh. Jagir Singh, resident of Badhowal, Tehsil Jagraon, District Ludhiana, who accidently fell into the well. His name was recommended for 1 Whether reporters of the local papers may be allowed to see the judgment? Yes the Prime Minister’s Police Medal. The name of petitioner finds mention in Annexures A-6 and A-7. Petitioner made several representations to the respondents for out of turn promotion. 2. Mr. D.P. Gupta has strenuously argued that his client has been awarded the Prime Minister’s Police Medal and ought to have been given out of turn promotion as per rule 13.19 of the Punjab Police Rules. He then contended that similarly situate persons have been granted out of turn promotion. He further contended that the case of the petitioner was also required to be considered by invoking relaxation clause. 3. Mr. P.M. Negi, learned Deputy Advocate General has strenuously argued that since the petitioner was already appointed as Head Constable, rule 13.19 of the Punjab Police Rules could not be invoked and the case of the petitioner was also considered for relaxation. 4. I have heard the learned counsel for the parties and have perused the pleadings carefully. 5. It is not in dispute that the petitioner has been granted Prime Minister’s Police Medal, as per Annexure A-6 and A-7. He had made several representations, as noticed above, for out of turn promotion. A bare perusal of phraseology employed in rule 13.19 of the Punjab Police Rules makes it abundantly clear that out of turn promotion can be granted to a constable. The petitioner stood already promoted to the post of Head Constable on 5.3.1994. His case was also considered under rule 13.21 of the Punjab Police Rules, as per the contents of the reply but he was not found suitable. Petitioner’s representation was rejected on 15.7.1997. The relaxation clause is discretionary and it can only be invoked by reasons to be recorded in writing. 6. Accordingly, there is no merit in the petition and the same is dismissed with no order as to costs. (Rajiv Sharma), Judge 1.9.2010 *awasthi*