Bijender Singh, ASI vs State Of Haryana And Others

Jagmohan Bansal, J

The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dated 07.07.2001 whereby he has not been promoted despite orders of this Court in CWP NO.10547 OF 1991.

The petitioner joined Haryana Police as Constable on 02.01.1974. He passed Lower School Course in 1981. He was promoted as Head Constable on 11.06.1991. He passed Intermediate School Course in June’ 1994. He was promoted as Assistant Sub-Inspector on 27.07.1994. He was confirmed as Assistant Sub-Inspector on 31.01.1998. He had filed CWP NO.10547 OF 1991 which was allowed by this Court vide judgment dated 12.09.1991. In the said judgment, it was held that petitioner has right to be deputed for Lower School Course by virtue of his seniority irrespective of the fact that he would be deputed in later course and his juniors have already passed said course. The respondent preferred SLP which came to be dismissed vide order dated 21.04.1999 passed by Hon’ble Supreme Court.

The respondent prepared seniority list in July’ 1999 and the petitioner made representation in June’ 2000. The respondent did not pay any heed to said representation, thus, he preferred writ petition before this Court which was disposed of with a direction to respondent to decide his representation. The respondent by impugned order has granted seniority from the date of promotion and not from the date of confirmation.

There is no representation on behalf of the petitioner. It appears that with the efflux of time, he has lost his interest to pursue the present petition.

In the backdrop, the petition stands dismissed for non- prosecution.

The petitioner is at liberty to move an appropriate application within three months from today, if cause survives.

Pending application(s), if any, shall stand disposed of.