IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.16706 of 2024
Date of decision: 31.12.2024
Manohar Lal. ...Petitioner.
Versus
State of H.P. & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. R.K. Parmar, Advocate.
For the respondents : Ms. Leena Guleria, Deputy
Advocate General.
Jyotsna Rewal Dua, Judge
Notice. Ms. Leena Guleria, Deputy Advocate
General, appears and waives service of notice on behalf of
the respondents.
2. The petitioner served as a Head Constable in the
respondent-Police Department. He submitted a
representation in June 2019 for premature/voluntary
retirement due to bad health and adverse domestic/family
circumstances. Respondents accepted the petitioner’s
representation, and he was allowed to proceed on
premature/voluntary retirement with effect from 31.08.2019,
vide office order dated 20.06.2019.
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Whether reporters of Local Papers may be allowed to see the judgment? Yes
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3. Three years later, on 12.09.2022, the petitioner
moved another application to respondent No.4,
Superintendent of Police, Bilaspur, praying for his re-
enlistment/rejoining. Respondent No.4 considered the fact
that the petitioner’s request for premature/voluntary
retirement had been accepted vide office order dated
20.06.2019. Respondent No.4 also considered the provisions
contained in Punjab Police Rules, more particularly, Rule
12.24(1) for re-enlistment in service, which reads as under:-
12.24 Enlistment of ex-soldiers, reservists and ex-police
officers. (1) Re-enrolment in the rank of constable is
permitted and past service will count for pension under
the following conditions, and subject to the further
conditions as to pensions contained in rules 9.2 and
9.29:-
(a) Ex-soldiers of the Indian Army and ex-members of
police forces (including Military Police), paid for from
the general revenues of India, may be enlisted as
constables on production of a discharge certificate
showing their previous service to have fulfill the
physical and other standards required by these
rules for first appointments. They must also be
passed medically fit by the same standards as are
applied to recruits.
(b) Age of the date of enrolment in the police must be
below 30, but ex Punjab police officers, and, with
the special sanction of the Inspector General in each
case, ex-soldiers and ex-members of other police
forces may be re-enlisted up to the age of 55, if they
present themselves for re-enrolment and are found
medically fit within two years of their discharge.
(c) The break in service between the date of discharge
and between 1st days of the month in which
enrolment process is started shall not exceed four
years.
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(d) No claim to count previous service for pension shall
be allowed unless the previous service claimed was
declared and verified at the time of enrolment in the
police.
(e) Service in a body of additional police shall be
counted for increments in the case of a constable
transferred to the regular force immediately on such
transfer.”
4. As per the applicable Punjab Police Rules, re-
enlistment could only be made within two years of
premature/voluntary retirement, and the petitioner had
proceeded on premature/voluntary retirement on
31.08.2019, he had already completed three years by
31.08.2022. Therefore, his request for re-enlistment/
rejoining services, made on 12.09.2022, was rejected vide
office order dated 18.11.2022 being beyond the prescribed
time limit. The petitioner’s appeal against this order was
dismissed by the Inspector General of Police, Central Police
Range, Mandi (respondent No.3), on 12.07.2023.
The above facts are not in dispute. It is an
admitted position that the petitioner was permitted to retire
voluntarily/prematurely vide office order dated 20.06.2019,
with effect from 31.08.2019, at his own request. The
petitioner has also not disputed that, under the applicable
Rule 12.24(1) of the Punjab Police Rules pertaining to re-
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enlistment in service, he had already crossed the time limit
for making such a request. Hence, no interference with the
impugned order is called for. The writ petition fails and to
stand dismissed.
Pending miscellaneous application(s), if any, shall
also to stand disposed of.
Jyotsna Rewal Dua
31th December, 2024 Judge
( )
Pardeep