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HC CHANDER BHAN & ORS versus STATE OF HARYANA & ORS

High Court of Punjab and Haryana, Chandigarh

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HC Chander Bhan & Ors v. State of Haryana & Ors - CWP-18721-2005 [2006] RD-P&H 4537 (20 July 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA,

CHANDIGARH

Civil Writ Petition No. 18721 of 2005

Date of Decision 24.7.2006

HC Chander Bhan & others

...Petitioner

Versus

State of Haryana & others

...Respondent

CORAM: HONBLE MR. JUSTICE M.M. KUMAR
HONBLE MR. JUSTICE M.M.S. BEDI

Present: Mr. D.S.Patwalia, Advocate,

for the petitioners.

Mr. Harish Rathee, Sr. D.A.G. Haryana,

for the respondents.

JUDGMENT

M.M. KUMAR, J.

This order shall dispose of Civil Writ Petition Nos.

18721 of 2005, 7703 of 2005, 1346 of 2006, 19099 of 2005, 4959 of 2006 and 4505 of 2005. However, the facts are being mentioned C.W.P. No. 18721 of 2005

from C.W.P. No. 18721 of 2005.

This petition filed under Article 226 of the Constitution prays for quashing order dated 21.11.2005 (P-9) whereby the petitioners have been deputed to the Indian Reserve Battalion from the District Police. The order has been passed by respondent No. 3 in respect of the petitioners along with others. A further prayer has also been made for issuance of direction to the respondents to permit the petitioners to continue to work in the District Police.

Learned counsel for the petitioners at the outset has stated that the order deputing petitioner No. 3 to Indian Reserve Battalion for Career Development Programme, has been withdrawn on 17.2.2006, therefore, he has not pressed the petition on behalf of petitioner No. 3. Accordingly, the petition in respect of petitioner No.

3 is dismissed as having been rendered infructuous.

The petitioners have been recruited in the district police and have been serving as Head Constable in various districts. They have also been promoted as Head Constable. A standing order No. 92, dated 17.5.2002 (P-4) was issued by the Haryana Government which envisages 'Career Development Program' for the Head Constables and others. Accordingly, the incumbents of the post of Head Constable in the district including the petitioners were sent for training for Career Development Program, Bhondsi on 11.4.2003 (P-5). They have to be deputed again vide impugned order dated 21.11.2005 (P-9) as they had not completed one year period of training when they were earlier deputed on 11.04.2003 (P-5). This fact has been clarified in para 4 C.W.P. No. 18721 of 2005

of the reply which states that the petitioner had to join in the Career Development Program at Bhondsi and remained posted there for 3-4 months. In between they were called back in the district for temporary duty. It has further been pointed out that they did not ever draw their salary from Indian Reserve Battalion, Bhondsi . It is further stated that they had not worked for one year as required under the provisions contained in Standing Order No. 92 of 2002 (P-4). As such they were again ordered to be transferred to Indian Reserve Battalion, Bhondsi,by the respondents. The learned State counsel has also pointed out that similar matters have come up for consideration before the Division Bench of this Court in CWP No. 13857 of 2005,decided on 7.10.2005,wherein writ petition was dismissed as the Standing Order postulates complete one year training at Bhondsi.

Therefore, we respectfully follow the order passed by the Division Bench. We are further of the view that no prejudice has been caused to the petitioners by the impugned order as they have been deputed for training for one year in Career Development Program at Bhondsi.

In view of the above, this writ petition fails and the same is dismissed as such.

(M.M. KUMAR)

JUDGE

(M.M.S. BEDI)

July 24, 2006 JUDGE

C.W.P. No. 18721 of 2005

Rks/Pkapoor


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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