Civil Writ Petition No.2847 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.2847 of 2010 DATE OF DECISION: AUGUST 19, 2011 EHC Naushad Khan .....Petitioner VERSUS State of Haryana & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. Pritam Saini, Advocate, for the petitioner. Mr. Harish Rathee, Sr. DAG, Haryana for the State. **** RANJIT SINGH, J. This order will dispose of writ petition Nos. 2847, 9447, 13010 of 2010, 15208 and 15250 of 2011. Civil Writ Petition Nos.15208 and 15250 of 201 have been filed by the petitioner today. Notice of motion is issued to the State in these cases as well. Mr. Harish Rathee, Sr. DAG, Haryana, accepts notice. The counsel submits that the issue involved in these two writ petitions is also identical to the other writ petitions, which are pending consideration before this Court and can be disposed of with these writ petitions, where pleadings are complete. With the concurrence of the parties, these writ petitions are also taken up for hearing. Copies of these writ petitions have Civil Writ Petition No.2847 of 2010 -2- been supplied to Mr. Rathee. The facts have been taken from CWP No.2847 of 2010. The petitioner in this case was enrolled as Constable on 5.10.1989 in District Ambala. It is pleaded that 35% of seats for B-1 Course were fixed for seniority-cum-fitness. The petitioner's name was included in the B-1 list under seniority-cum-fitness, but he was not deputed in the Lower School Course on 9.3.2004 on the ground that he was having less marks than Manjoor Deen, who was his junior. By relying on the ratio of law laid down in Balraj Singh and others Vs. State of Haryana and others, 2009(2) RSJ 463, the petitioner claims the same relief for being deputed in the Lower School Course and for assigning seniority from the date his junior was so detailed. It is not disputed that the ratio of law laid down in Balraj's case (supra) would fully apply to the facts of these cases. Mr. Rathee had earlier sought time on the ground that the cases of the petitioners are under active consideration and the decision was likely to be taken within a period of four weeks. Today, Mr. Rathee points out that the competent authority had already initiated a case for deputing the petitioners in the Lower School Course and the action is likely to follow very shortly. On the other hand, counsel for the petitioner has invited my attention to an order dated 29.6.2011 passed in CWP No.6152 of 2010 (E.H.C. Shish Pal and others Vs. State of Haryana and others), whereby similar writ petition has been disposed of directing that the petitioner be deputed to the next B-1 Civil Writ Petition No.2847 of 2010 -3- Course as the earlier course at this stage had already been commenced/elapsed. Following the same course, the present writ petitions are also disposed of with direction to depute the petitioners in the next B-1 Course and grant consequent relief in accordance with law. August 19, 2011 (RANJIT SINGH) monika JUDGE