IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ****

507-3 CWP-8016-2009 Date of Decision: 09.09.2025 ROSHAN LAL AND ORS. ...Petitioners Versus STATE OF HARYANA & ORS. ...Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Samrat Malik, Advocate for petitioners Mr. Pratyush Sood, Advocate for Mr. Gourav Mohunta, Advocate for petitioner No.8 Mr. Suneel Ranga, DAG Haryana ****

JAGMOHAN BANSAL, J. (ORAL)

1. On 25.05.2009, following order was passed by this Court:-

“The petitioners have challenged the order dated 15/19.5.2009 (Annexure P-29) whereby their representation has been rejected and it has been ordered that they be reverted. The ground taken is that the petitioners were originally rightly promoted and satisfied the criteria mentioned by the Hon'ble Supreme Court in SI Paras Kumar and others vs SI Ram Charan and others, Civil Appeal No.2273 of 2994 decided on 12.4.2004, which reads as follows :-

“Though the regular promotion could not be made by the DGP, he can definitely forge some methods under Section 12 of the Police Act so as to encourage efficient officers who did yeomen service in anti terrorist front or who earned laurels to the department. The impugned adhoc promotion could be treated as one such method to improve the efficiency of the police force by according special status for meritorious officers. Similarly under the Punjab Police Rules, Rule 13.2A, a subordinate (enrolled) police officer could be given next higher rank as local rank in the interest of better functioning of the force. Such granting of a next higher rank is only an exercise of section 12 of the Police Act by the IG/DGP so as to improve the efficiency of the force or for administrative convenience. At the same time, it cannot be treated as regular promotion under Chapter 13 of the Punjab Police Rules."

In the impugned order, the Director General of Police mentioned as follows :-

“... As such the petitioners who were appointed in the year 1998 in commando wing were promoted as head constable along with others on 4.8.93 on adhoc basis as a stop gap arrangement without caring pay special reason such as achievement in the field of sports, bravery or outstanding meritorious services...."

I pointed out to learned counsel for the petitioners that in the face of this clear finding by the DGP, the only averment in the writ petition is to the following effect:-

"2. That the petitioners were enrolled as Constables and thereafter on the basis of their good performances/displaying extra ordinary courage, they were promoted as Head Constables on adhoc basis...."

Learned counsel for the petitioners has asserted that in fact each of the petitioner was promoted on account of some action which fell within the parameters mentioned by the Hon'ble Supreme Court and that this fact could definitely be recorded in the noting if not in the impugned order.

Notice of motion.

On the asking of the Court, Mr. Harish Rathee, Sr. DAG Haryana accepts notice on behalf of respondents No.1 to 4 and prays for time to seek instructions.

Counsel for the petitioners undertakes to supply five copies of the paper book to counsel for the respondents during the course of the day. Counsel for the respondents is requested to produce the files relating to the promotion of the petitioners (to the post of Head Constable) so as to enable this Court to see as to what were the parameters on which they were promoted.

It may also be noticed that a Caveat Petition has been filed by some persons who have not been impleaded as parties in this writ petition.

In the circumstances, I direct that these caveators may also file an appropriate application for being impleaded, in the meantime.

Adjourned to 29.5.2009.

Meanwhile, status quo be maintained.

Copy of this order be given dasti to counsel for the respondents under the signatures of the Reader of this Court.”

2. The aforesaid order was followed by order dated

29.05.2009, which reads as:-

“CM No. 9722 of 2009 Learned Senior Advocate for the petiti