LPA No.502 of 2009 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
LPA No.502 of 2009 (O&M)
Date of decision: June 05, 2009.
SI Roshan Lal & Ors.
...Petitioner(s)
v.
State of Haryana & Ors.
...Respondent(s)
CORAM: HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present: Shri Ram Kumar Malik, Senior Advocate, with
Shri Vishal Malik, Advocate for the appellants.
Shri Ravi Dutt Sharma, Deputy Advocate General, Haryana.
Shri Sat Narayan Yadav, Advocate,
for the non-applicant/respondents.
ORDER
Surya Kant, J. – (Oral):
This Letters Patent Appeal under Clause X of the Letters Patent
is directed against the interlocutory order dated May 29, 2009 passed by a
Learned Single Judge in C.M. No.9722 of 2009 in CWP No.8016 of 2009,
whereby the interim stay against reversion of the appellants, has been
vacated.
On our asking, the Learned State Counsel has produced the
LPA No.502 of 2009 -: 2 :-
original records pertaining to the ad hoc promotions of the appellants.
What emerges from the record is that the appellants were
recruited as Constables in 1988 and were thereafter promoted as Head
Constables in Commando Police Force on ad hoc basis in the year 1993 for
a period of six months, extendable for another period of six months. The
appellants, however, continued as such and meanwhile, some of them have
been further promoted in the ranks of ASI/SI. The private respondents, on
the other hand, have been agitating against the appellants’ promotions and in
this regard, have also filed CWP No.6489 of 2006, which is still pending in
this Court.
Meanwhile, the Director General of Police, Haryana
reconsidered the whole matter and vide order dated 15.5.2009 has decided
to revert the appellants and some other such like promotees. Aggrieved,
the appellants have approached this Court by way of CWP No.8016 of 2009
in which initially their reversions were stayed on 25.5.2009. However, the
said interim order has been modified vide the impugned order dated
29.5.2009 whereby the stay against reversion has been vacated except in the
case of petitioner No.7 in the writ petition.
We have heard learned counsel for the appellants, learned State
Counsel as well as the learned counsel who represented the private
respondents before the Learned Single Judge, at some length. The records
have also been perused.
In our considered view, the ends of justice would be adequately
met by directing the official respondents not to revert the appellants below
the rank of Head Constable. We accordingly direct that during the
pendency of the appellants’ writ petition, none of them shall be reverted
LPA No.502 of 2009 -: 3 :-
below the rank of Head Constable.
Faced with this situation, learned counsel for the appellants
refers to a policy decision which the State of Haryana had produced before
the Hon’ble Supreme Court in Paras Kumar’s case (Annexure P-2) for the
grant of ORP (Own Rank and Pay). He contends that till their writ petition
is decided by this Court, the appellants may be allowed to retain their rank
of ASI/SI though in the pay scale of Head Constable only.
Having given our thoughtful consideration, we are of the view
that no direction to grant any ORP can be issued to the official respondents.
However, we leave it open to the Director General of Police, Haryana to
consider the desirability of granting ORP to the appellants during the
pendency of the writ petition, subject to the policy decision, if any, in
vogue. We make it clear that if the Director General of Police, Haryana,
having regard to the period already spent by the appellants in the rank of
ASI/SI, decides to grant them ORP, the same shall not confer any right upon
the appellants to claim seniority or pay in those ranks. In this regard, let the
decision be taken by the DGP, Haryana as early as possible and preferably
within two weeks.
In order to resolve the inter se claims amongst the members of
the police force at the earliest, we direct the Registry to list CWP No.6489
of 2006 and CWP No.8016 of 2009 for final disposal in the week
commencing 3rd August, 2009.
Disposed of.
Dasti
Let a copy of this order, duly authenticated, under the
signatures of the Bench Secretary, be supplied to Shri Ravi Dutt Sharma,
LPA No.502 of 2009 -: 4 :-
learned Deputy Advocate General for the State of Haryana, at the earliest,
for information and necessary compliance.
[ Surya Kant ]
Judge
June 05, 2009. [ Augustine George Masih]
kadyan Judge