Saurabh Malik
Chandigarh, May 1
Nearly eight years after the initiation of the selection process, the Punjab and Haryana High Court has directed Punjab and its functionaries to fill 195 posts of constable from among eligible candidates appearing in the merit list. For the purpose, Justice Jagmohan Bansal has set six-month deadline.
Justice Bansal also made it clear that the candidates appointed in terms of the court order would not be entitled to back wages or any other service benefit. The directions came on a petition filed last year against the state of Punjab and other respondents by Balwinder Singh and others petitioners through counsel Fateh Singh Dhillon. They were seeking the setting aside of communication dated May 31, 2023, whereby a respondent denied filling 195 posts of constable.
The Bench was told that the petitioners, in bunch of four petitions earlier filed in the high court, were initially appointed as special police officer before being absorbed as constables in the armed battalions. But “they claimed that they should be absorbed in the district police cadre”. Their names were later included in the list of 500 constables, who joined commando battalions prior to July 30, 2019, and were eligible for transfer to the district police. The matter was disposed of with a direction to adjust the petitioners in the district police cadre on a priority basis.
Justice Bansal also took note of the state counsel’s submission that the respondent could not fill 195 vacant posts following an order passed by the court in August 2016 directing the respondents to “keep in abeyance 195 posts in the district police cadre”.
Describing the state’s stand as misconceived, Justice Bansal asserted the posts directed to be kept in abeyance were part of 4,915 advertised in May 2016. The petitioners earlier before the court had not participated in the direct recruitment process. They were, at that point of time, part of PAP cadre as constables and claiming transfer to the district police.
Justice Bansal observed the court, while disposing of the earlier writ petitions, took note of the interim order. But there was no direction to the respondents to adjust those petitioners against 195 posts. “Thus, there was no question to keep 195 posts vacant after disposal of writ petition. The respondent was duty bound to consider all those candidates, who participated in the selection process which was initiated vide advertisement of 2016. There is no reason to keep the posts vacant”.
Justice Bansal also made it clear that the petitioners would be considered in accordance with their merit and not get any priority “only because of approaching this court by way of present writ petition”.
No back wages or service benefits
Justice JagmohanBansal made it clear that the candidates appointed in terms of the court order would not be entitled to back wages or any other service benefit. The directions came on a petition filed last year against Punjab
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