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

Date of Decision: 09.10.2025 RANBIR SINGH ...Petitioner Vs.

STATE OF PUNJAB AND ORS. …Respondents CORAM:- HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present:- Mr. Manu K. Bhandari, Advocate with Mr. Arjun Sawhni, Advocate for the petitioner Mr. Aman Dhir, Deputy Advocate General, Punjab ***

JAGMOHAN BANSAL, J. (ORAL)

1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 21.03.2022 (Annexure P-18) whereby his claim of seniority as per length of service has been declined. He is further seeking direction to respondent to grant him consequential benefits as per order dated 01.10.2018 passed by this Court in CWP-9280-2014. He is also seeking absorption as Constable from 18.02.2010 instead of 29.01.2020.

2. The petitioner was appointed as Special Police Officer (for short ‘SPO’) on 25.08.1994. He qualified for being enlisted as Constable on 01.09.2003. He was assigned constabulary number on 18.02.2010, however, before his actual appointment as Constable, on account of an FIR, he came to be dismissed from service. He was acquitted vide judgment dated 02.01.2013 passed by Trial Court. He was reinstated in view of order dated 01.10.2018 passed by this Court in Civil Writ Petition 9280 of 2014. He was reinstated as SPO w.e.f. 16.08.2019 and assigned constabulary number w.e.f. 29.01.2020.

3. The petitioner was acquitted vide judgment dated 02.01.2013 passed by Trial Court and he approached this Court by way of civil writ petition in 2014. The writ petition remained pending till the date of its adjudication i.e. 01.10.2018. The respondent reinstated him as SPO w.e.f. 16.08.2019 and Constable w.e.f. 29.01.2020. He was reinstated on

16.08.2019 as SPO and Constable w.e.f. 29.01.2020.

4. Learned counsel for the petitioner inter alia contends that petitioner joined as SPO on 25.08.1994 and was ordered to be absorbed as Constable vide order dated 18.02.2010, however, on account of an FIR he was not actually absorbed on the said date. The petitioner came to be acquitted vide judgment dated 02.01.2013 passed by trial Court. The petitioner preferred CWP No.9280 of 2014 claiming reinstatement. The said petition came to be allowed vide order dated 01.10.2018. The petitioner was ordered to be reinstated with consequential benefits except for the period he remained out of service. The petitioner has been reinstated, however, has not been considered as absorbed w.e.f. 18.02.2010. The petitioner had qualified for the post of Constable on 01.09.2003 and was actually assigned constabulary number on 18.02.2010, thus, should be considered and appointed as Constable w.e.f.

18.02.2010.

5. Learned State counsel submits that case of the petitioner is hit by principle of res judicata as while disposing of aforesaid writ petition, the respondents were not directed to absorb the petitioner w.e.f. 18.02.2010. The respondent has complied with order dated 01.10.2018 passed by this Court, thus, the instant petition is not maintainable.

6. I have heard learned counsel for the parties and perused the record of the case.

7. From the perusal of record, it is evident that petitioner worked as SPO from 25.08.1994 to 20.10.2004. He was terminated on 20.10.2004 and before the said date he had already qualified for the post of Constable. Despite order of termination dated 20.10.2004, he was ordered to be absorbed as Constable on 18.02.2010. He was implicated in FIR which led to his termination. He was acquitted by trial Court, however, respondent did not reinstate him. He preferred CWP-9280- 2014 before this Court seeking reinstatement as SPO. This Court vide order dated 01.10.2018 allowed his petition. The prayer made in aforesaid writ and operative part of order dated 01.10.2018 read as:-

“By way of the present petition, the petitioner seeks directions to the respondents to reinstate the petitioner into service as SPO on account of his acquittal in FIR No