Refusal to accept promotion under Rule 18.2 of the Punjab Civil Services Rules results in a two-year debarment, which is lawful and applicable to all government employees.

JUDGMENT

Jagmohan Bansal, J. (Oral)

By this common order CWP-25830-2019, CWP-5841-2022 and CWP-25942-2019 are hereby disposed of since issue involved in all the petitions and prayer sought are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-25830-2019. There are two petitioners in CWP-25830-2019. The petitioner No.2 has passed away, thus, petition qua him, as conceded by counsel, has rendered infructuous.

2. The petitioner through instant petition under Articles 226 and 227 of the Constitution of India is seeking setting aside of order dated 09.08.2019 (Annexure P-9) whereby respondent relying upon Rule 18.2 of Punjab Civil Services (General and Common Conditions of Services) Rules, 1994 (for short 1994 Rules') has declined claim of the petitioner.

3. The petitioner on 03.06.2002 joined Punjab Police as Constable. The petitioner joined Punjab Armed Police (PAP) Cadre. In 2007, he was deputed to Commando Battalion. He, at a later stage, opted for District Police Cadre, thus, for all purposes Parent Cadre of the petitioner is District Police. In 2010, he was deputed to Intelligence Wing. The Punjab Police Act, 2007 came into force w.e.f. 28.02.2008. As per said Act, there are 4 Cadres i.e. (i) Punjab Armed Police (ii) District Police (iii) Intelligence and Investigation (iv) Technical and Support Services. The Officers appointed in one Cadre cannot be transferred to another Cadre. There is separate seniority list of each Cadre. The petitioner passed Lower School Course on 27.04.2013 and his name was recorded in List C-I on 30.05.2013. Director General of Police vide order dated 27.08.2013 ordered to promote 536 Constables and petitioner was one of them. His name appeared at serial No.64 in the list of promoted Constables. It is apposite to notice here that in Paragraph 5 of the order dated 27.08.2013, it was categorically mentioned that if any employee refuses to accept promotion, he in terms of 1994 Rules shall be debarred for all consecutive chances which may occur in future within a period of 2 years from the date of such refusal. The paragraph No.5 of order dated 27.08.2013 is reproduced below:

"The Punjab Civil Services Rules (General and Common Conditions of Service Rules) 1994 have been applicable w.e.f. 4.5.1994. As per rule 18(2), if any Govt. employee refuses to accept promotion, he shall be debarred by the appointing authority from consideration for promotion for all the consecutive chances, which may occur in future within a period of two years from the date such refusal to accept promotion."

4. The petitioner was posted with Intelligence Wing and as per his wisdom vide communication dated 13.11.2013, he furnished an undertaking to the effect that he is ready to forego his promotion as Head Constable for the time being and he will not claim any seniority over and above his juniors in the Parent Department. He requested to promote him in the CID as Head Constable as per his seniority. The undertaking furnished by petitioner is reproduced as below:

"Undertaking

I, Constable Amit Arora No. 1267/Jalandhar, presently posted on deputation in CID Hq. Pb, Chg, was promoted as regular Head Constable after passing Lower School Course, it is parent department i.e. Distt. Vide their order No.84677-85 dated 19.10.2013 w.e.f:- 27.08.2013.

On account of my family circumstances, I am still ready to forego my promotion as Head Constable for the time being. I may be retained on deputation in CID in the present rank of Constable. I may be promoted in the CID as Head Constable as per my seniority as and when any vacancy is available in the CID. Further I will not claim any seniority over and above my juniors in my parent Department."

5. The petitioner on 27.02.2014 came to be repatriated to his Parent Department. He was finally promoted to the post of Head Constable w.e.f. 31.07.2015. The petitioner formed an opinion that despite his undertaking, he should be promoted at least from the date he was