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2012 Supreme(P&H) 1684

A.K.SIKRI, RAKESH KUMAR JAIN
Ajay Kumar Pandey – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. R.K. Malik, Senior Advocate with Mr. Rajat Mor, Advocate.
For the Respondent Nos.1 and 4: Mr. Sukhdeep S. Sandhu, Senior Standing Counsel.
For the Respondents Nos.2 and 3:Mr. J.S. Puri, Addl. Advocate General, Punjab.

JUDGMENT

Mr. A.K. Sikri, C.J.:- The petitioner, who had risen to the call of the Central Government and State of Punjab, had joined the Punjab Police on deputation basis in November, 1991, to be a part of police force for carrying out anti-terrorist operations and getting absorbed in the Punjab Police thereafter, today feels that he has been given rough and shoddy treatment and his legitimate right is taken away by the State of Punjab with the framing of Punjab Absorption of Officers of Para Military Forces (Group-A) Service Rules, 2005 (hereinafter referred to as the “Service Rules, 2005”). In an attempt to vindicate his stand, he has chosen to approach this Court by way of present writ petition filed under Article 226 of the Constitution of India, seeking quashing of rules to the extent they deprive him of seniority by including the period of service he rendered in Central Reserve Police Force (CRPF) before coming to Punjab Police on deputation. The story-line of this episode culminating into the framing of impugned service Rules is to be projected as follows.

2. The petitioner had joined CRPF as a direct recruit to the post of Deputy Superintendent of Police (now called Assistan





























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