IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 951 of 2009 Date of Decision: 27.1.2010. Constable Mahender Singh and others --Petitioners Versus Director General of Police, Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Pritam Saini, Advocate for the petitioners. Mr. R.S. Kundu, Addl. A.G., Haryana. *** PERMOD KOHLI.J (ORAL) The petitioners were appointed as constables in Police Department under sports quota. They were dismissed for not having the certificate at part with the State Level Tournament. The petitioners preferred an appeal before respondent no.2, who set aside the order of dismissal and the period of dismissal from service was treated as leave of kind due. The grievance of the petitioners is that in case of similarly situated persons, the reinstatement has been retrospective that is from the date of dismissal, whereas in case of the petitioner the period from the date of dismissal till the reinstatement has been treated as leave of the kind due. The petitioners have referred to the order dated 11.4.2008 (Annexure P-4) which has been passed by the Commandant, 4th Battalion, H.A.P., Madhuban pursuant to the directions of this Court in CWP No. 4980 of 2007. Vide the aforesaid order the reinstatement of the petitioners has been retrospective with effect from the date of dismissal, whereas in case of the petitioners the interregnum period has been treated as leave of the kind due. Petitioners have made specific averment in para 3 of the writ petition. CWP. No. 951 of 2009 -2- In the reply filed, the issuance of the order Annexure P-4 has been admitted. The petitioners, who are similarly situated as the writ petitioners in CWP No. 4980 of 2007 cannot be treated differently. In view of the above, this petition is allowed. Order Annexure P-3 is quahsed to the extent it directs the period from the date of dismissal till reinstatement to be treated as leave of the kind due. As a consequence whereof petitioners' reinstatement shall date back to the date of dismissal. The petitioners shall be entitled to all the benefits as have been granted to the Manoj Kumar, beneficiary of Annexure P-4. Let the benefit accrued to the petitioners be granted to them within a period of four months from the date certified copy of this order is served upon the competent authority. (PERMOD KOHLI) JUDGE 27.1.2010. lucky