JUDGMENT :

Jagmohan Bansal, J.

By this common order CWP-24263-2021 and CWP-2156-2024 are disposed of since issues involved in the above captioned petitions and prayer sought are common. With the consent of parties and for the sake of brevity, facts are borrowed from CWP-24263-2021.

2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are assailing order dated 15.07.2021 (Annexure P-23) whereby respondent has declined their request to include them in List-F alongwith Sub-Inspectors of other wings of the State Police.

3. The petitioners joined Indian Reserved Battalion (for short 'IRB') during 2001-2011 which was constituted by State Government in view of communication dated 18.07.2001 (Annexure P-1) of the Ministry of Home Affairs. The Governor of the State notified strength of the members of the force. As per said notification, there was one post of Commandant, three posts of Assistant Commandant and seven posts of DSP apart from other posts of lower ranks. The petitioners during preceding years came to be promoted to the rank of Head Constable, ASI and Sub Inspector. They were permitted to undergo Lower School, Intermediate School and Upper School Course alongwith members of District Police Force. The respondent is maintaining seniority at District or Range level up to the rank of Sub Inspector whereas seniority of Inspector is maintained at State level. The petitioners till the rank of Sub Inspector were promoted in their own strength and now are eligible for promotion to the rank of Inspector alongwith District Police.

4. The petitioners served legal notice dated 15.03.2021 (Annexure P-19) upon the respondent claiming that they should be treated at par with other Sub-Inspectors for the purpose of promotion to the rank of Inspector. They preferred CWP No.7923 of 2021 before this Court which was disposed of vide order dated 08.04.2021. The said order reads as:

"Learned counsel for the petitioners very fairly concedes that as of now no orders causing prejudice to the petitioners have been passed, though, they only have an apprehension that the relief for which they are entitled for will not be granted.

This Court cannot grant any relief on the basis of apprehensions.

Faced with this situation, learned counsel for the petitioners submits that he be allowed to withdraw this writ petition with liberty to file a fresh one on the same cause of action as and when, any order, which causes prejudice to the petitioners is passed by the respondents.

Ordered accordingly."

5. The respondent addressed aforesaid legal notice vide impugned order dated 15.07.2021. The respondent has rejected claim of the petitioners which led to instant petition.

6. Mr. Akshay Bhan, Senior Counsel for the petitioners submits that respondent has recognized four cadres namely General Cadre, Railway Police Force, Haryana Armed Police (for short 'HAP') and Haryana Police Commando. As per Punjab Police Rules (for short 'PPR') which are applicable to State of Haryana, there are two cadres i.e. District Police and Railway Police. Haryana Armed Police and Commando are not contemplated by Punjab Police Rules, thus, they are at par with petitioners. The respondent for the purpose of promotion to the rank of Inspector is including HAP as well as Commando whereas petitioners are excluded. It amounts to discrimination and violation of Article 14 of the Constitution of India.

The petitioners were sent for Lower School, Intermediate School and Upper School Course alongwith members of District Police and other cadres. As they were sent alongwith other officials for Lower, Intermediate and Upper School Course, they are eligible to be considered for the rank of Inspector alongwith other cadres.

There are no separate Rules governing service of the petitioners and at the time of their appointment, they were issued appointment letter under PPR. In the appointment letter, it was categorically jotted down that they are Police Officers in terms of Punja