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Judgment
As per pleadings on record, petitioners, who are 22 in number,
were engaged as S.P.Os in Railway Police under the aegis of Punjab Police
on different dates in the year 1994. Subsequently, the petitioners have been
absorbed as Constables on regular basis in the years 1999/2000.
Prayer in the instant petition is for ante dated absorption as
Constable w.e.f. 30.6.1995.
The entire case set up on behalf of the petitioners is that one
Sukhwinder Singh, Gurdip Singh and Kashmir Singh private respondents
no.14 to 16 respectively were directly recruited as Constables on 30.6.1995
i.e. at a point of time when the petitioners herein were already working as
S.P.Os and as such, without extending to the petitioners a prior right of
consideration for appointment as Constables, the private respondents were
so appointed and as such, the petitioners would now have a right to be
absorbed as Constables w.e.f. the same date.
On a pointed query having been put to counsel for petitioners,
the response is that in the year 1995 at the stage of appointing private
respondents no.14 to 16 as Constables no transparent/regular process of
recruitment had been followed. Counsel would rather contend that the
private respondents were backdoor entrants in the service.
In the light of such submission advanced by counsel, the prayer
of the petitioners deserves to be rejected outright. It is the case of the
petitioners themselves that private respondents have not been appointed by
a regular process of selection. If that be the case, there would be no
occasion for issuance of directions to absorb the petitioners herein as
Constables w.e.f. a date when certain other Constables had been so
appointed.
The writ petition is misconceived and is dismissed.
It is clarified that this Court has not expressed any opinion with
regard to appointment of private respondents no.14 to 16 but has merely
proceeded on the basis of submissions advanced by counsel.