In this post we’ll read about the issue on the  Punjab and Haryana high court issue notice to the Punjab Government over a petition filed by four deputy superintendents of police challenging the seniority list of the Punjab police for IPS cadre posts.

Also Read- Speaking order – Punjab Police

FOUR DSP’S CHALLENGES SENIORITY LIST HIGH COURT ISSUES NOTICE TO PUNJAB.

In this post we’ll read about the issue on the  Punjab and Haryana high court issue notice to the Punjab Government over a petition filed by four deputy superintendents of police challenging the seniority list of the Punjab police for IPS cadre posts.

Seniority list Punjab Police Challenged Chandigarh High Court
Seniority list Punjab Police Challenged Chandigarh High Court

Also Read- Seniority List of NGOs & ORs (punjab police)

FACTS The petitioners,  Susheel Kumar, Sarbjit Singh, and Harriet Singh have contended through their counsel, advocate Krishnan Singh Dadwal, that they belong to the schedule caste category and were appointed as DSP’S through direct recruitment on August 10,1994. They submitted before the HC that they are aggrieved by the seniority list of the Punjab police as although inter se seniority of direct recruits on the basis of merit of appointment has been maintained, roster points to which reserved category candidates are entitled have not been given.

ALSO READ- SENIORITY LIST OF HARYANA IRRIGATION DEPARTMENT UNDER LENS

LEGAL PROVISION

Article 16 of Indian constitution says that There shall be equality of opportunity for all citizens in matters of employment under the State. Article 16 (4A)says, Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

LEGAL OPINION

Appointments by promotion shall be made by the Government from the Inspectors brought on List ‘G’ which will be a list of Officers considered fit for promotion to the rank of Deputy Superintendent of Police, prepared by the Government in consultation with the Commission. The names in this list prepared at one time shall be arranged according to their inter se seniority. The 1959 Rules provided for the seniority of the members of the Punjab Police Service under Rule 10 to the following effect :

 Seniority of members of Service The Seniority of members of the Service shall be determined by the date of confirmation in the service.

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Recruitment to Punjab Police Service is made from two sources, namely, 80% by promotion and 20% by direct appointment but this quota rule is not adhered to at the time of confirmation in the service and, therefore, even though they were members of the service since a period earlier to Direct Appointee Respondents, they were not confirmed though the latter were confirmed and as seniority in the cadre of Deputy Superintendent of Police is reckoned under Rule 10 according to date of confirmation, the failure to confirm them in the post available to them, in breach of the relevant rules, has denied to them equality of opportunity enshrined in Article 16 of the Constitution

Also Read- Speaking Order – Punjab Police

CONCLUSION

Justice Sudhir Mittal, after hearing the matter issued notice to Punjab Government and also ordered that nomination, if any made to  IPS carder shall abide by the decision of this writ petition.

ALSO READ- PGIMER SENIORITY LIST RESTORED BY CAT TRIBUNAL CHANDIGARH

This post is written by Revathi Balakrishann

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