CWP No.11956 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CWP No.11956 of 2009 Date of decision : 22.7.2011 Gurveer Singh and others ........Petitioners Vs. The State of Punjab through Secretary to Government of Punjab, Chd. and others .........Respondents CORAM : HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr.R.K.Arora, Advocate, for the petitioner Mr.Ram Lal Gupta, Addl.AG, Punjab Mr.B.S.Sidhu, Advocate, for respondent No.6 --- RITU BAHRI, J (Oral) : The petitioners are seeking selection of the petitioners as constables on the 10 posts to be filled from amongst the residents of village Sangu Dhaon on account of some land given by the Gram Panchayat to the Punjab Police for construction of Police Lines. As per the oral understanding between the DGP and the Gram Panchayat of village Sangu Dhaon, 10 eligible unemployed persons from village Sangu Dhaon were to be recruited as constables. The grievance of the petitioners is that while giving appointments, 5 persons who do not belonged to this village, have been recruited as constables i.e. respondents No.12 to 16, despite the fact that petitioners had cleared the physical efficiency test and their names have been recommended by the Gram Panchayat vide resolution dated 14.2.2009. In the reply filed by Superintendent of Police (Head quarters), Muktsar, it is denied that 10 posts of constable had been reserved for the persons belonging to village Sangu Dhaon as there was no agreement ever executed by the Police CWP No.11956 of 2009 -2- Department and Gram Panchayat of the village. On one hand, it has not been denied that 5 persons have been appointed in pursuance to the resolution passed by the Gram Panchayat dated 14.2.2008 and appointments of respondents No.12 to 16 have also been made who do not belong to this village. It is not disputed that the Gram Panchayat vide resolution dated 14.2.2008 (Annexure P-2) had agreed to give panchayati shamlat land to the Police Department for construction of Police Lines. The respondents in the reply had admitted that the land was given for construction of police lines but have denied that any agreement was made between the Gram Panchayat and Police Department to give appointment to 10 employed persons of the village as constables. This Court does not wish to comment on the credibility of the Gram Panchayat in giving shamlat land to the Police Department for construction of Police Lines. While making the appointments of respondents No.7 to 16, they have accepted the agreement, they cannot be allowed to take a summersault and state that there was no agreement between the Police Department and Gram Panchayat. In view of the discussion above, the writ petition is allowed with direction to the respondents to appoint the petitioners as constables within a period of four months from today. (RITU BAHRI) JUDGE 22.7.2011 akm