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H.C. Kulwant Singh Vs. H.C. Daya Ram [30/06/14]

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[Civil Appeal No.5859 of 2014 arising out of S.L.P. (C) No. 798 of 2008]. In this appeal, by special leave, apart from interpreting the precise connotative effect of Punjab Police Rules, 1934 (for short "the Rules"), specially Rule 13.7 of the Rules that governs the promotion of the constables in Chandigarh Police to the post of Head Constable, and the amendments that were incorporated on 4.3.1982, and another incarnation of the said amendments vide amendment dated 6.2.1988, we have also called upon to decide whether the High Court by the impugned judgment and order dated 18.12.2007 passed in Civil Writ Petition No. 16550 of 1998 whereby the orders passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short "the tribunal") dated 8.1.1990 and 23.9.1998 were assailed has redeemed the cause of justice within the requisite parameters of law by lancinating both the orders of the tribunal and further issuing directions to recast the seniority list of Head Constables on the foundation of seniority rules and not to revert any Head Constable or the Assistant Sub-Inspector with the rider that they shall avail further promotion solely on the basis of their revised seniority warranting no interference by this Court or has acted beyond the ambit of jurisdiction in its appreciation and application of well settled principles that would make the order pregnable inviting its extinction. The factual score needs to be depicted with necessitous chronology. The appellants and respondent Nos. 1 to 34 were recruited as Constables in Chandigarh Police by the Union Territory, Chandigarh and they are governed by the Rules as applicable to the Union Territory of Chandigarh.

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