LPA-2424-2017 205 IN THE UNION OF IN GOVIND SING CORAM: HO HO Present: M M for SANJEEV PR CM-5389-LPA Ap appeal is allow Main case 1. This is a by the le the writ p in Consta date on w SHQ Ab and arbit Judge tha 03.05.20 Auto Ele 017 (O&M) THE HIGH COURT OF PUNJAB CHANDIGARH OF INDIA AND OTHERS Vs. SINGH BISHT **** HON’BLE MR. JUSTICE SANJ HON’BLE MRS. JUSTICE MEE **** Mr. Lalit Attri, Advocate for Mr. Sunil Kumar Sharma, Sr. Pane for the appellants. **** V PRAKASH SHARMA, J.(Oral) LPA-2017 Application for condonation of d allowed, and accordingly delay is con is is an appeal preferred against the o the learned Single Judge, whereby the writ petition of the respondent holdin Constable (General) be maintained wi te on which he entered the service, and Q Abohar to SHQ to Jammu as a Co d arbitrary exercise of power. It was dge that the respondent/writ petitioner .05.2007 as a General Head Constabl to Electric Wing, whereafter he wa NJAB AND HARYANA AT ARH LPA-2424-2017 (O&M) Date of Decision: 05.02.2025 . . . . Appellants . . . . Respondent SANJEEV PRAKASH SHARMA MEENAKSHI I. MEHTA r. Panel Counsel ral) n of delay of 112 days in filing of is condoned. t the order dated 24.07.2017 passed the learned Single Judge allowed holding that the petitioner’s ranking ned with effect from 14.07.1988, the ce, and the order of his transfer from s a Constable was held to be illegal It was noticed by the learned Single tioner had already been promoted on nstable Cadre and was absorbed in he was permitted to discharge his M) 2025 lants dent g of ssed wed king , the rom legal ingle d on ed in e his MOHIT GOYAL 2025.02.10 17:24 I attest to the accuracy and integrity of this document LPA-2424-2017 duties on effect fro occasion transferri Constabl 2. It was fu of the r Therefor seniority effect fr directed passing o 3. Aggrieve stated tha 14.07.19 30.05.20 as Const responde consideri Recruitm directed SMT wo affidavit that he i 017 (O&M) on the post of Head Constable ect from 29.06.2009, which was in f casion to place him in the rankin nsferring him from SHQ Abohar to S nstable. was further held that such order woul the respondent who was already p erefore, directions were issued to ma niority in the cadre of Head Consta ect from 29.06.2009 onwards, and ected to be set right if anything had ing of the order. Cost was also impos grieved thereof, the present appeal ha ted that the respondent was appointed .07.1988; was promoted as Head Con .05.2007; and was thereafter absorbed Constable (AE) vide order dated 29 pondent was absorbed in SMT wor nsidering BSF Motor Transport cruitment) Rules, 2006 notified on ected to obtain option and willingnes workshop. After the absorption, idavit which he submitted with irrev t he is willing to serve in BSF SM able under Auto Electric Wing with as in force. Therefore, there was no anking list dated 04.02.2013 and r to SHQ Jammu against the post of r would amount to reduction in rank ady promoted as Head Constable. to maintain petitioner’s ranking and onstable Auto Electric Wing with and his service conditions were g had been altered as on the date of imposed on the department. eal has been preferred, wherein it is ointed as Constable (GD) in BSF on ad Constable (GD) with effect from sorbed in S.M.T.W.K.S.P. workshop ted 29.06.2009. It is stated that the T workshop as Constable (AE) by port Workshop (Group C Post ed on 21.09.2006, whereby it was ingness of GD personnel working in ption, he was asked to submit an h irrevocable option on 11.04.2011 SF SMT Cadre and will not claim with s no and st of rank able. and with were te of it is F on from shop t the by Post was ng in it an 2011 laim MOHIT GOYAL 2025.02.10 17:24 I attest to the accuracy and integrity of this document LPA-2424-2017 seniority seniority name of remarks seniority as a Con 4. It is sta personne inadverte (AE) at from SH represent responde be Const responde 5. The appe was dele in the lis to the ra order dat 6. It is sub reply an above, 017 (O&M) niority in the promotion which he go niority list was also published and th me of the respondent and other pers arks to add the name of the respo niority list. The respondent was perma Constable and his name falls in Inter is stated that in the Central Senio rsonnel dated 04.02.2013, the nam dvertently mentioned in both the sen at Sr. No.7 and Constable (AE) at m SHQ Abohar to SHQ Jammu as CT resentation against the seniority pondent Head Constable stating that h Constable (AE). Writ Petition No.11 pondent (herein) before this Court. e appellants have further submitted th s deleted from the seniority list of He the list of Constables, and now he has the rank of Head Constable (AE) wit der dated 02.02.2016 on officiating bas is submitted that the appellants had ly and affidavit regarding the vario before the Single Judge, but th he got in GD duty stream. Revised and the headquarters forwarded the r personnel on 26.11.2010 with the respondent in separate SMT cadre permanently absorbed in SMT cadre Inter Seniority list at No.29. eniority List of SMT workshop e name of the respondent was he seniority lists as Head Constable AE) at Sr. No.3. He was transferred as CT (AE) instead of HC (AE). A ority list was submitted by the that he has been wrongly shown to No.11573 of 2013 was filed by the itted that the name of the respondent of Head Constables and was shown he has been retrospectively promoted E) with effect from 09.09.2011 vide ing basis in SITU. s had explained by filing a detailed various seniority lists, as noticed but the Single Bench has wrongly vised d the the adre adre shop was table erred A the n to y the dent own oted vide ailed ticed ngly MOHIT GOYAL 2025.02.10 17:24 I attest to the accuracy and integrity of this document LPA-2424-2017 relied on failed to 7. It is sta the SMT The abso promoted and he w stream treating h stated tha in the ca set aside. 8. We have Single J hereinab promotio with effe has been 9. In fact, GD cadr a lower p wrongful Constabl MT cadr 017 (O&M) ied on submissions made by the resp led to consider that two seniority lists is stated that once the respondent has MT cadre, he has to forgo his pro e absorption order issued on 29.06.20 omoted in GD stream after absorption d he would therefore have to be tre and would be treated as Constabl ating him as Head Constable (AE) wit ted that the order passed by the learne the cadre of Head Constable (AE) w t aside. e have taken note of the pleadings as a ngle Judge was conscious of the s reinabove, but at the same time it omotion to the post of Head Constab th effect from 29.06.2009 as Head Co s been erroneously noticed. fact, the respondent had been promo cadre with effect from 03.05.2007. T ower post was thus erroneous, and th ongful by the learned Single Judge nstable (AE) in terms of the pleadings cadre vide order dated 02.02.2016 w e respondent/writ petitioner and has y lists cannot run concurrently. nt has given his consent to serve in is promotion earned in GD stream. .06.2009 to the respondent who was rption in SMT cadre was irrevocable be treated as a Constable in SMT ble with effect from 29.06.2009, E) with effect from 09.09.2011. It is learned Single Judge of treating him AE) with effect from 29.06.2009 be gs as above, and find that the learned the subsequent events as noticed me it is noticed that the order of onstable granted to the respondent ad Constable in Auto Electric Wing promoted as Head Constable in the 007. The order of absorbing him on and the action has been found to be Judge. He was promoted as Head adings filed by the writ petitioner in 016 with effect from 09.09.2011 and has ve in eam. was cable SMT 009, . It is him 9 be rned ticed r of dent ing n the m on to be Head er in and MOHIT GOYAL 2025.02.10 17:24 I attest to the accuracy and integrity of this document LPA-2424-2017 that too action, a issued by from SH treating h 10. For the been me passed b the petiti Auto Ele by the ap petitione 11. Conside imposed 12. Appeal s 13. All pend 05.02.2025 Mohit goyal 1. Whether 2. Whether 017 (O&M) t too on officiating basis. Such an tion, and we therefore see no reason t ued by the appellants of transferring m SHQ Abohar to SHQ Jammu v ating him as a Constable. r the reasons as stated hereinabove, en mentioned by the learned Single ssed by the learned Single Judge in pr petitioner’s ranking and seniority in to Electric Wing with effect from 03. the appellants themselves in their ple titioner all his service benefits accordin onsidering the facts as above, we wa posed by the Single Judge. ppeal stands disposed of accordingly. ll pending applications also stand dispo (SANJE (ME ther speaking/reasoned? Ye ther reportable? Ye ch an action is clearly an arbitrary ason to uphold the order of transfer erring the respondent/writ petitioner mu vide order dated 08.05.2013, though different from what has Single Judge, we uphold the order e in principle, and direct to maintain rity in the cadre of Head Constable m 03.05.2007, as has been admitted eir pleadings before us, and give the ccordingly. e waive the cost of Rs.15,000/- as ngly. d disposed of. ANJEEV PRAKASH SHARMA) JUDGE MEENAKSHI I. MEHTA) JUDGE Yes/No Yes/No trary nsfer ioner 013, t has order ntain table itted e the as MOHIT GOYAL 2025.02.10 17:24 I attest to the accuracy and integrity of this document