SURESH KUMAR versus THE STATE OF HARYANA & ORS.

SURESH KUMAR versus THE STATE OF HARYANA & ORS.

The Punjab Police Rules, 1934 (read conjunctively, in particular Rules 13.1, 13.14 and 13.15) require that admission to List F and promotion to Inspector be governed by the eligibility criteria in Rule 13.14(2) (eight years' approved service as an upper subordinate, five years in the rank of Sub-Inspector); the Government Order of 29.04.1987 abolishing selection grades did not render those eligibility criteria meaningless, and the State acted lawfully in applying the eight-year requirement for promotion to Inspector; therefore the High Court rightly upheld the promotions and the appeals are dismissed.

Parties
Appellant: Suresh Kumar; Respondent: The State of Haryana; Respondents: Private respondents (Respondent Nos.4 to 34)
Jurisdiction
India
Judgment Date
26 March 2021
Procedural Posture
Civil Appeal / Appeal to Supreme Court; Final Judgment (dismissed)
Outcome
Appeals dismissed; High Court judgment upheld
Legal Topics
Promotion, Selection Grade, Punjab Police Rules, 1934, Interpretation of Statutory Rules, List F
Service Law Administrative Law Constitutional Law Promotion Selection Grade Punjab Police Rules, 1934 Interpretation of Statutory Rules List F

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Parties

Suresh Kumar

Appellant

The State of Haryana

Respondent

Private respondents (Respondent Nos.4 to 34)

Respondents

Procedural Posture

Civil Appeal / Appeal to Supreme Court; Final Judgment (dismissed)

Legal Issues

  1. 1 Whether the mode and manner of promotion in selection grade from rank of Sub-Inspector to Inspector as envisaged in Punjab Police Rules, 1934 became redundant after Government Order dated 29.04.1987 withdrawing selection grades
  2. 2 Whether Rule 13.14(2) of Punjab Police Rules, 1934 (requiring at least eight years' approved service as an upper subordinate, of which five years shall be in the rank of Sub-Inspector) is applicable to promotion of direct recruits Sub-Inspector to Inspector

Ratio Decidendi

The Punjab Police Rules, 1934 (read conjunctively, in particular Rules 13.1, 13.14 and 13.15) require that admission to List F and promotion to Inspector be governed by the eligibility criteria in Rule 13.14(2) (eight years' approved service as an upper subordinate, five years in the rank of Sub-Inspector); the Government Order of 29.04.1987 abolishing selection grades did not render those eligibility criteria meaningless, and the State acted lawfully in applying the eight-year requirement for promotion to Inspector; therefore the High Court rightly upheld the promotions and the appeals are dismissed.

Court Disposition

Appeals dismissed; High Court judgment upheld

Orders

  • Appeals dismissed
  • Judgment and order dated 27.07.2020 of the High Court of Punjab and Haryana at Chandigarh upheld