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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 
Sanjay Vashisth, J.
Hardeep Singh – Appellant 
Versus 
State Of Punjab And Another – Respondent
CWP-20147-2024
Decided on : 21-08-2024

Advocates:
Advocate Appeared:
For the Appellant :Mr. HPS Bhinder, Advocate
For the Respondent: Mr. Aman Dhir, DAG Punjab

ORDER :

Sanjay Vashisth, J. (Oral)

Petitioner namely Hardeep Singh, has filed present writ petition for seeking direction to the respondents, especially respondent No.2 i.e. The Director General of Police, Punjab Police Headquarters, to consider and decide the legal representation dated 02.03.2024 (Annexure P-3), as submitted by the petitioner, within some stipulated period.

2. Petitioner has pleaded in the present writ petition that in pursuance to the advertisement No.l dated 31.05.2016, Department of Punjab Police started the selection process for recruitment of 7416 male and female Constables (District Police Cadre and Armed Police Cadre), and in pursuance thereto, the petitioner had applied in the General Category for both the posts i.e. for District Police Cadre and Armed Police Cadre. Thereupon, petitioner successfully cleared trials on dated 22.08.2016, and after clearing all the stages of selection, he got selected in the Punjab Armed Police Cadre as the petitioner secured 29 marks. Resultantly, petitioner joined his services on 23.11.2016, and was posted in 5th Commando Battalion at Bahadurgarh, Patiala. Consequently, he completed his training from 25.11.2016 to 27.10.2017 in Batch No.169 at RTC Jalandhar, and thereafter, the petitioner completed his Commando Training from 06.11.2017 to 03.02.2018 in batch No.130, and later in March, 2018, the petitioner resumed his duty as 5th Commando Battalion.

3. Challenging the selection process, several writ petitions were filed, including the one writ petition i.e. CWP-17293-2018 preferred by the petitioner, in which direction was sought to the respondent - Department, to consider/re-consider the candidature of the petitioner in District Police Cadre as the petitioner was wrongly considered in the Punjab Armed Police Cadre, due to incorrect measurement of height which resulted in lesser marks.

Said writ petition was allowed by directing the respondents i.e. State of Punjab to re-conduct the measurement process of the candidates, and thereon, it was found that the petitioner was eligible for awarding of 30 marks, making him entitled for his selection in the District Police Cadre. Consequently, the petitioner was recruited in the District Police Cadre in the State of Punjab, and claims for seniority and all consequential benefits at par with the other candidates, who were inducted into service in the year 2016.

4. Petitioner submitted one legal representation dated 02.03.2024 (Annexure P-3). For convenience, the relevant paragraphs are reproduced here below:-

"You are further called upon to grant Seniority and all consequential benefits including but not limited to salary and pay protection, etc. w.e.f, 23.11.2016, in view of his selection merit at par with the candidates/juniors who were inducted into service in the year 2016 in pursuance to aforesaid advertisement.

You are further called upon to exempt my client from Training as my client who earlier joined as constable in the Armed Police Cadre, in the same selection process has already completed his training from 25.11.2016 to March 2018. "

You are further called upon to take immediate note of all the facts and circumstances as enumerated hereinabove to further take immediate action thereon in accordance with law and to decide this Legal Representation by speaking a passing order as expeditiously as possible, but not later than two weeks from the receipt of this Legal Representation, failing which my client will have to resort to legal remedies as available to my client. "

Thus, he prays for issuance of the direction to the respondents to take a final decision on the said legal representation dated 02.03.2024 (Annexure P-3), within some stipulated period.

5. Notice of motion.

6. Mr. Aman Dhir, DAG Punjab, who is present in the Court, accepts notice on behalf of the respondents.

Thus, service is complete.

7. Learned State counsel submits that the petitioner would not be probably entitled for all the reliefs claimed through the legal repres

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