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2025 DAILYLAW 72084 (PNJ)

MOHINDER PAL AND ORS v. STATE OF PUNJAB AND ORS

CWP/6768/2016 · 2025-07-28

Jagmohan Bansal

body2025

Judgment text

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CWP-6768-2016 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-6768-2016 Date of Decision: 28.07.2025 Mohinder Pal and others ......Petitioner(s) Versus State of Punjab and others ....Respondent(s) CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: Mr. R.S. Manhas, Advocate, for the petitioners. Mr. Aman Dhir, DAG, Punjab. JAGMOHAN BANSAL, J. (Oral) 1. The petitioners through instant petition under Articles 226 and 227 of the Constitution of India are seeking direction to respondent to grant out of turn promotion on the basis of extra ordinary and outstanding performance. 2. The petitioners joined Punjab Police as Constables. They played vital role in Dinanagar encounter with foreign terrorists on 27.07.2015. The respondent decided to recognize their bravery and accordingly promoted them as ASI Local Rank. They have been brought in List C-II w.e.f. 27.08.2015. 3. Mr. R.S. Manhas, learned counsel for the petitioners submits that respondent has granted benefit of promotion to similarly situated constables, however, petitioners have not been recognized despite their act of bravery. 4. Per contra, Mr. Aman Dhir, DAG, Punjab submits that petitioners were brought to List C-II. They would be granted substantive rank as soon as their turn would come within 10% ceiling. As per judgment of this Court, no constable can be promoted out of turn beyond ceiling of 10%. The petitioners are further Shivani Gupta 2025.07.29 10:35 I attest to the accuracy and integrity of this document CWP-6768-2016 2 granted Local Rank of ASI. Thus, they stand duly recognized and awarded for their bravery. 5. I have heard the arguments and perused the record. 6. The petitioners during the course of hearing produced letter dated 31.05.2010 disclosing that two Constables on account of their bravery were brought to List C-II (Exemptee) and promoted as Head Constable under Rule 13.21 of Punjab Police Rules, 1934 (in short ‘PPR’). 7. The petitioners as per decision of the Council of Ministers in its meeting dated 03.08.2015 have already been brought to List C-II (Exemptee). They have been further granted local rank of ASI. At present they are holding local rank of ASI. They would be granted substantive rank of Head Constable as soon as their turn would come within ceiling of 10%. The State has already recognized outstanding performance of the petitioners, thus, instant petition does not survive. 8. Dismissed. 28.07.2025 (JAGMOHAN BANSAL) shivani JUDGE Whether reasoned/speaking Yes Whether reportable No Shivani Gupta 2025.07.29 10:35 I attest to the accuracy and integrity of this document