Kuldip Singh vs State of H.P. and Others

Kurian Joseph, C.J.—The petition has been filed with following prayers:

i) That the action of the Respondents in not sending the applicant for the Intermediate promotion course in 7.4.97 & 15.7.97, may be declared illegal and ultra-vires the Constitution of India.

ii) That the respondents may be directed to send the applicant to the Intermediate promotion course, on the basis of his seniority in the grade/rank of the Head-Constable, forthwith in the ensuing Intermediate promotion course respectively.

iii) That the Respondents may be directed to consider the case of the applicant for entry in Part-I of List-D as per Rule 13.9 w.e.f. The date when his juniors were sent for the promotion course, ignoring the seniority of the applicant in the year 1994, in which rejection orders dated 20.12.1994(A-10) were passed by the Respondent No. 2 and, the respondents may be directed to consider the case of the applicant for placement in part-I of List-D, as per Rule 13.9 of the P.P.R. By holding a review DPC, forthwith.

iv) That any other relief(s) deemed fit and proper in the circumstance of the case, may also be granted.

In reply at paragraph 6(xxiii), it is stated as follows:

Admitted to the extent that the applicant was selected to undergo the Intermediate School Course by the D.P.C. Held on 27.3.96 in the office of the D.I.G. Of Police Southern Range. Accordingly the Addl. D.G. Police, Enforcement was requested to direct the applicant to get himself examined medically and if found fit he should be directed to report for training. Though the applicant has given his willingness to undergo the training but when the training session started w.e.f. 1.4.96 the applicant was reported to be under treatment at P.G.I. Chandigarh and reported for duty on 10.5.96. On 11.5.96 he made a request to depute him for training. However, he could not be deputed at the belated stage as the training had already started w.e.f. 1.4.96. In view of this submission the willingness submitted by the applicant on 23.3.96 had become redundant.

In view of stand taken in the reply, in case the petitioner has still any surviving grievance left, it will be open to the petitioner to approach the first respondent, in which case the matter will be duly considered by the first respondent.

With these observations, petition stands disposed of so also the pending application(s), if any.