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PETITIONER: JAGBIR SINGH

       Vs.

RESPONDENT: STATE OF HARYANA & ORS.

DATE OF JUDGMENT:       25/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (4)   332        1996 SCALE  (3)559

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      These appeals  by special leave arise from the order of the Punjab  & Haryana  Court made on 31.3.1994 in Civil Writ Petition  No.   15044/93  and  1575/94.  The  appellant  was recruited as  a Constable  in Haryana Police service against sports quota  on September 15, 1977. He was promoted as Head Constable on July 4, 1984 keeping in view his performance in the sports.  He was  also confirmed  as a  Head Constable on August 31,  1987. He  was served with a show cause notice by Superintendent of  Police dated August 11, 1988 as to why he should not  be de-confirmed  as Head Constable w.e.f. August 31,  1987.  In  the  meanwhile,  he  was  also  promoted  as Assistant Sub-Inspector  on ad  hoc basis  on  November  22, 1990. While he was continuing as Assistant Sub-Inspector, he was provisionally  selected to  underso intermediate  school course which was to commence from September 15, 1993. He was selected and  sent for the training. While the appellant was undergoing the  training his  name was deleted from the list of Head Constables. Consequently, after unsuccessful attempt by representations,  the appellant  filed the  Writ Petition No.1575/94 in the High Court challenging the validity of the second show  cause notice  dated December  14, 1993.  It was dismissed by  the High  Court by order dated March 31, 1994. The other  writ  petition  challenging  de-confirmation  was dismissed. Thus, these appeals by special leave.      In view  of the admitted position that he was recruited under the  sports quota  and also  promoted thereunder,  his promotion is  according to rules. The controversy raised was considered by  this Court  in  Rishal  Singh  vs.  State  of Haryana &  Ors. [JT  1992 (2)  SC 157].  It was held therein that though the order indicated that the promotion was on ad hoc basis,  but in  view of  Rule 13.1(1) of Chapter XIII of the Punjab  Police Rules,  1934  as  is  applicable  to  the Haryana State  the promotion  given to  the appellant  was a regular promotion  and it cannot be considered to be ad hoc.

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As a consequence, he was held to be entitled to confirmation in that position. In view of the above legal position we are of the  view that  the appellant  is entitled to the regular promotion.      The appeals  are accordingly allowed. He must be deemed to  have   been  regularised  as  Head  Constable.  All  the consequential  benefits   should  also   be  given   to  the appellant. No costs.