No2914 of2010 1l t heHlghCourt ofPunj aband Haryanaat Dat eofdecisionl l082010 CWPN02914of2010 v. St at eofHaryanaand ot hers 2 CWP No 6427 of2009 Krishan Kum

of High Court Please t ake rt her necessary act ion The validit yof t hese inst ruct ionshas been upheldbyt his Court in Hawa Singh Vs St at e ofHarvana and ot hers No194 of20051decided on 14052008 There are t hree set s of writ pet it ionsunder considerat ion The sam e are broadlycat egorisedin t he followingm annerl Anit a 2014.04.29 12: 24 a True Scanned Copy Of The Original PHHC,Chandigarh t he eligibilit yoft he candidat es who appearedin 55010m ent JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document m 0 C0 I 0 I e Z C I C45 OO c m Z 0m 72 CWPN029140f2010 43 prom ot lonquot aunderRule13 O216i t o be consideredfor prom ot ion under35I oon basis underrule 137 62Iio even if t heyhavefailed under 55I o quot a b considerat ionoft he candidat eswit h I esst han 35 years ofageas I st dayof Januaryof t he year in which select ion 1S m adein 35I o quot aof C 9 int erse seniorit yof t he candidat eson ln t erm sof DGPs inst ruct ionsdat ed13022007 t he basis of benchm arks From t hereadingofRule 137 611it em ergesas followsl t hat 59I o of t he seat s allot t edt o a unit t he Lower School Course are m eant t o be fllled in t he basis of exam inat ion b9 35I o oft he 6c 10I o seat s et c seat s on t he basis on t he basisof consist ent lI l Select ion against55I o quot a is t o be m ade by t he Prom ot ionalCom m it t ee All t he const ables of t heir educat ionalqualiflcat ionwho are less t han 35 years ofageand havecom plet ed5 years of service select ion are eligiblet o appear for Bl on I st dayof Januaryof t he year of t est under m erit seat s of 55I o 1 OlC 0 C I C5 I Z 5m C I 08 10 14 m 3 Z Ll C quot a Sim ilarly t he const ables irrespect iveof t heir educat ionalqalift cat ion havingcom plet edfive years of service and 1n t he age of 40 years on t he I st day of Jam laryof t he year of select ion Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 73 CWP N029140f2010 e are eligiblet o be broughton list B1 on t he basis of seniorit ycun m erit against35I o quot a Sport spersons under 10I o quot aare t o be considered subj ectt o eligibilit y 1I l t he above t wo cat egories The cont roversyrelat ingt o t he eligibilit yoft he candidat es who failed t o secure t herequisit em erlt 111t he exam inat ion under55I o quot at o be againconsidered under 35I o m erlt quot a cam e t o be consideredbv a Division Bench oft his Court e1 in Naresh Kum ars case This Division Bench j udgm entvvas before t he Honble Court in SpecialLeave t o CivillNo10409 of2005 which has been dism issedin lim ine on 10052005 A sim ilarissue cam e up for considerat ionbeforet his Court t he case of Hawa Singh Vs St at e of Harvanaand ot hers VP 10 No1194of20059decided on 14052008 Aft er adm issionoft he writ byt he Honble Division Bench t he m at t er was consideredby a learnedSingleJudgeof t his Court for Snal disposalon 2912006 The learnedSingleJudge oft his Court was oft he opiniont hat cert ain provisions of Rule 137 oft he rules not broughtt o t he not ice of 1m C 0 0 I C5 I Ct Z Q I C45 00 U3 Z Ll 1 C t he Division Bench and on t hat basis a reference was m ade for considerat ionof t he writ pet it ionand ot her connect ed m at t ers by a Division Bench of t his Court The aforesaid writ pet it ioncam e t o be heardby a Division Bench oft his Court Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh The Honble Division Bench JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 74 3 CWP N02914 of2010 10 vide it s dat ed 14052008 affirm ed t he rat io in Naresh Kum ars case supralwit h t he followingobservat iollsl I n view of t he fact s m ent ioned above t hese wrlt pet lt ionSare allowed in t he sam e t erm s as ln Naresh Kum ars 6supra The direct ed t o deput et he pet it ionerslt o t he flrst Lower School Course which will com m ence aft er t he pronouncem ent j udgm entin t his case However The shaI lbe deem edt o have qualified111 t he Lower School Course from t he dat e when ot her const ables have qualifiedwhose nam es approvedt o Lower School Course vide selectlist AnnexureP1 I t is m ade clear t hat if by get t ing dat e of passingt he Lower School Course t he pet it ionerbecam eeligiblefor prom ot iont hen he will get only deem ed benefit s wit hout get t ingany act ual financial benefit s in view of principleof no work no pay laid down by t heir Lordshipsof t he Honble Suprem eCourt in Union of I ndia and anot her vs Tarsem Lal and ot hers 62006910 Suprem eCoun Cases 1 C 0 C I 0 I Ct Z C e I a5 CO m eo Z CL Ce Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh 145 97 JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 75 J CWP No2914 of2010 1 Honble t he Division Bench furt her considered t he validioIof t he inst ruct ionsdat ed 13022007 and upheldit s validit ywit h t he following observat ionsl So far as CWP N03609 of2007 is concem ed 111 t hat writ pet it ionselect list t o undergo LowerSchool Course on t he basisof inst ruct ions dat ed 13 022007 as referredt o above has been As has been held earlier above said inst ruct lons are perfect lyj ust ifiedand are consonance wit h t he direct ions issued by t his Courtin Naresh Kum ars case 6supra The claim sof som e of t he writ pet it ionersfor deput ingt o Lower SchoolCourse have been failedin j ect edon t he groundt hat t heyhaving 55I o m erit quot aare not ent it led t o be consideredfor beingbrought on List Bl in 350I oquot a The claim s ofsom e oft he writ pet it ionershave for beingbroughtin List B1 under 35I o quot aon t he ground t hat t hev were of less t han 35 yearsof age as on I st dayof Januaryof t he 4 yearof select ion I n som e t he claim s have been rej ect edfor non m Q 0 40 I C I Z a C I OO 7 Z 1 t he m inim um 31 bench m arks in t erm s oft he DGPs inst ruct ions dat ed13022007 I n Naresh Kum ars case lpra9t heHonble Division edm e Bench ruledt he eligibilit yof t he const ables for t heir considerat ion bot h in 50 and 35I o quot a This j udgm enthas at t ained finalit y The SLP has also been disrnissed by t he Honble Suprem eCoun The rat io of t he said j udgm enthas been reit erat ed 111 Hawa Singhs cases supra9as also in Const ableDhair Vs St a of Hanlana and ot hers 2009 619RSJ 310 whereint he following observat ionshave been m adel Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 76 V CWP Nol914 of2010 12 J 1 13 So t here are t hree dist inct t heir own wit h for considerat ion There is no bar t o considerat ionof a const able in any cat egoryif he fulfills t he eligibilit ycrit eria 18 if he is eligible111 all t hree he has a st at ut oryrightt o considerat ionin all t hree The Rules do not cat egorizeor requiresom e m inim um for eligibilit yunder any of t he What it i a s t he upper age I im it for considerat ion cat egory Despit et hese inst ruct ions cert ain issues referred t o have againcroppedup The cont roversyregardingt he ofcandidat esunder 35 yearsofagefor beingbroughton List B1 for 35910quot aagaincam eup for considerat ionbyanot herDivision Bench oft hisCourt in Dharm birs case 6supraland Balrai Singhand ot hersVs St at eofHaryanaand ot hers 2009 629RSJ 463 I n Dharm birscase 6supral a Division Bench oft his Court held as under 17 A conj ointreadingof bot h t he subruleswould show t hat onlyt he upper age lim it has been prescribed under t he rules and no rninim um age has been prescribedeit her under subm rule2 G9or suberule 2 ii9 which m eans t hat if a const able 8llfllls t he requirem entof t he upper 1 C 0 C I C5 I I C Z m t r o8 00 Z t l 7 a Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh ageand t he ot her qualificat ionsprescribedunder t he respect ivecat egorYas per subrule 2 t here is JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 77 F CWPN029140f2010 13 no bar t o his considerat ionunder each of t hem Meaningt herebya const able who is eligible111 under Rule 137 629 can also be considered in t he ot her cat egoryunder Rule 1377 29 6i of t hePunj abPolice Rules as t here is no bifurcat ionbet ween t he rules as far as t he eligibilit y 1S concerned wit h m inim um age as none is regardt o t he 18 The m inim um age if by way of execut ive inst ruct ions would go againstt he int erest of t he Const ables who are ot herwise eligibleunder t he st at ut oryRules Rule 133 621 6ii9confers a rightwhich a Const able at t ains on t he basis of his seniorit yin t he service As and whenhis t urn com es based on t he seniorit ya right t o considerat iondevolves on him This righton t hebasis ofhis seniorit ycannot be deprivedon t he basis of execut ive inst ruct ions This would be in cont ravent ion t o t he st at ut oryrules and t herefore not sust ainable 22 What em erges from t he above discussions is t hat a const able who has com plet ed5 years of service on t he I st day of Januaryof t he year Ul whicht he select ion is m ade is under t he age of 35 1 r 0 C I C5 I e Z r m C r I 08 OO W3 Z e eO C Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh select ion for includiilg his nam e yearsand is eligible for considerat ion and in List B l of JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 78 e CWP N02914 of2010 44 select edconst ablesfor adm issiont o Lower School Course under t he 55I o quot aon t he basis of inerit as per Rule 137 621i9oft he Punj abPoliceRules 1934and having in t he t est Bell and failed or unable t o get enlist m entdue t o lower m erit can also claim considerat ion and select ion under t he 35I o quot a t he basis of seniorit ycum neritas per Rule 133 29 io if he is eligibleunder bot h t he cat egories91 As not iced above t he const ableswho have at t ained ininim um 3 bench m arks under 35I o quot ahave been ignoredand t heir j uniorswere deput edt o t he course bet t erbench m arks This issue is in fact coveredunderNaresh Kum ars on t he groundt hat t heyare m ore m ent orlous having 6supraland cam e wherein it has been held t hat whereler t o be clarified in Balrai Singhs cass supra a j unior has been deput edfor Lower SchoolCourse ignoringt he claim oft he seniorsm erelyon t he basis oft he higherbench m arks t he senior be deput edfor t he course and he will be deem edt o have passedt he course from t he dat ehis j uniorhas quali8ed m Q 0 C I C I Z I 08 Z L1 CnW I n such sit uat ion senior will ret ain his seniorit y There is anot her aspect of t he m at t er The DGPs inst nlct ions dat ed 13022007 are onlyprospect ivein nat ure Prior t o t hese inst ruct ions no bench m arks were prescribedunder t he st at ut ory rules and t hus t hose const ables who acquiredeligibilit y prior t o issuance of t hese inst ruct ionshave been denied t he deput at iont o t he Lower School Course for non Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh t he m inim um bench m arks I t is seuled law t hat JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 79 r CWP No 2914 of2010 15 govem m entlnst ruct ions cannot overrulet he st at ut oryrules Thus t hese inst ruct ionscannot be pressedint o servicet o deprivet heconst ablesoft heir rightfor for not havingachievedt he m inim umbenchm arks as t hese lnst ruct ionS issued I at er Thus such of t he const ableswho becam e eligiblepriort o issuanceoft heseinst ruct ionsand ignoredfor not t he m inim umbenchm arksare t o be Lower School Course and on successful t o oft he course t heyare be t reat ed senior t han t heir j uniorswho were earlier t o t he Lower School Course I n ot her words t heywill ret ain t heir seniorit yfor beingbroughton List B 1 t hat t heywere deput edfor t he course 1at er t han t heir j uniorsor t heydid not achieve 21 m arks Sim ilarlysuch of t he const ableswho are ignoredon account of achievingless t han t he benchm arks t hen t heir j uniorsare also ent it led t o be deput edt o t he course and on com plet ionoft he sam e will ret ain t heir seniorit yover t heirj uniors I n som e t he writ pet it ionst he const ables have already com plet edt he Lower School Course but t heyhave been denied t he senlOnt yover t heir j uniorson t he ground t hat t he j uniorswere eit her havingbet t er bench m arks or deput edfor t he course prior in t im e t han t he m r 0 CO I C Z t C C I a5 QO 7 Z C Wnt pet lt loners I n view of t he above observat ions t hese writ pet it ionersshall be deem ed t o be seniort o t heirj uniorsdeput edearlier on account of bet t er bench m arks or any ot her ground of eligibilit y To sum up t hese pet it ions are disposedofwit h t he followingdirect ionsle i9 Such oft he Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh who have failed in 550I om erit quot a JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 80 Pc 11102914of2010 e16 areent it ledt o be consideredfor beingbroughton List B1 under 35I o quot a t he principleof providedt heyhave t he requisit e andare ot herwiseeligibleunder t he rules suchoft he const ableswho were lesst han35 yearsofageas on t he day oft heirconsiderat ion but not m ore t han 40 years t heywill be ent it led t o be on List B1 by t hem t o Lower SchoolCourse 9 t he dat ed13022007 will be eligibilit ypriort o t heDGPs inst ruct ions for t he course wit hout consideringt he of m inim um bench m arks as under t he govem m ent inst ruct ions and in t heir cases seniorit yand ot her eligibilit ycrit eria under t he rules will be enoughfor t heir t o t he course t he pet it ionerswho becam eeligiblefor aft er t he issuanceof t he inst ruct ionsdat ed 13022007 and have achieved t he m inim um bench m arks t o t he course benchI narks t heir j uniorshavc hc v1 lnt er seniorit yof t he const ableswill be det erm ined t heirseniorit yin t heir respect ivedist rict sin t he on t he basis of not on t he basis of passingof t he Lower School Course in all such cases who are ignoredby t he above direct ions However t he int erse seniorit yof const ableswill not be governedby t he above direct ions where senior was rgnoredon account of pendencyof any disciplinaryproceedingsor who sufferedany ot her disqualificat ionfor deput at iont o Lower School Course deput at ionof t he pet it ionersshall be lnade on t he basis of t heir seniorit yin t heir respect ivedist rict s and againstt he available vacancies Let t he claim oft he pet it ionersbe considered in t he light oft he abovedirect ions and t heir deput at ionwhereI er required be m ade in Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document 1 Ct 0 0 I C5 Z t N2 C 08 CQ 7 Z Clm 81 CWP No 2914 of2010 7 accordancewit h t heabovedirect ions A copy of t his order be placedon t he recordof each connect ed 1082010 BLS Not el Whet hert o be referredt o t he PERMOD KOHLlJ JUDGE e1 YES pJl 9ll m 0 0 I C0 Z W C I 06 ClO C m w Z CL Anit a 2014.04.29 12: 24 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 10:51 I attest to the accuracy and integrity of this document