Deepinder Singh Nalwa, J. (Oral)

1. In the present writ petition, the petitioner has challenged the letters dated 24.12.2015 (Annexure P-5), 06.01.2016 (Annexure P-6), 08.01.2016 (Annexure P-7) and 07.11.2025 (Annexure P-17) vide which the claim of the petitioner for grant of the benefit of having acquired the lower school course qualification in the year 2015, along with all consequential benefits, has been rejected.

2. The brief facts of the case are that the petitioner was appointed as a Constable in Haryana Police on 05.10.2008. In the year 2015, the petitioner qualified the test conducted for the purpose of selection to list B-1. However, respondent No.3 returned the list B-1 pertaining to the 55% quota for the year 2015 with the remark that the name of the petitioner could not be enlisted in list B-1 on account of the currency of punishment, vide letter dated 24.12.2015 (Annexure P-5).

3. Thereafter, in pursuance to the above said letter dated 24.12.2015 (Annexure P-5), the Superintendent of Police, Palwal-respondent No.4 removed the name of the petitioner as well as the name of Constable Bhupinder Singh from list B-1 under the 55% quota for the year 2015. Subsequently, respondent No.4 recommended a fresh list of Male candidates under the 55% quota for the year 2015. Pursuant thereto, the recommended candidates underwent the Lower School Course and the result thereof was declared on 03.05.2017 (Annexure P-8).

4. Thereafter, the name of the petitioner was again recommended by respondent No.4 in the year 2017 for the purpose of enlistment in list B-1 for promotion. The name of the petitioner was approved for enlistment in list B-1 vide order dated 11.04.2017 (Annexure P-10). In pursuance thereto, the petitioner was deputed to undergo the lower school course which was held in the year 2017. The petitioner duly qualified the above said test and the result was declared in the year 2018. Thereafter, the petitioner was promoted on the rank of Officiating Head Constable by the Superintendent of Police, Palwal-respondent No.4 vide order dated 09.12.2021 (Annexure P-12).

5. In the year 2025, after 11 years, the petitioner served a legal notice to the respondents contending therein that as the petitioner had been illegally removed from the list B-1 in the year 2015 contrary to the applicable rules. As such, the petitioner should be deemed to be enlisted in list B-1 in the year 2015 with all consequential benefits. The above said legal notice was considered by the respondents and vide order dated 07.11.2025 (Annexure P-17), the claim of the petitioner was rejected. Aggrieved against the above said order dated 07.11.2025 (Annexure P-17), the petitioner has filed the present writ petition.

6. Learned counsel appearing on behalf of the petitioner submits that the reason for removing the name of the petitioner from the list B-1 was on account of currency of punishment imposed upon him in the year 2014 i.e. stoppage of one annual increment with temporary effect (Annexure P-3). He submits that as per the applicable rules, the employee was entitled to be considered for enlistment in list B-1 even during the currency of the punishment, as per the rules, as such petitioner should be treated as enlisted in list B-1 in the year 2015 and has qualified the lower school course and is entitled for all consequential benefits.

7. Learned counsel further submits that the punishment imposed upon the petitioner on 31.10.2014 (Annexure P-3) could not have been taken into consideration, as per the relevant rules, only punishment imposed prior to Ist July of the preceding year of selection can be taken into consideration. As the punishment imposed on the petitioner was after 01.07.2014, as such, the same could not have been taken into consideration for enlistment in list B-1 for the year 2015 and for undergoing lower school course.

8. Learned State counsel submits that as on the date of consideration of petitioner for list B-1, currency of punishment was