HC gives Punjab 2 months to reframe PPS seniority list

CHANDIGARH: The Punjab and Haryana high court has directed the Punjab government to reframe the seniority list of Punjab Police Service (PPS) officers within two months.

In the detailed judgment released now, the high court (HC) bench of justice Jaswant Singh observed that the matter has been deliberately delayed by the government by not following principles enunciated and rules framed. “... any further delay... by the authorities concerned will make such authorities liable to be hauled up for contempt and compensatory costs will be personally borne by them,” the court said, underlining litigation was created by the department, which, despite numerous directions and interpretations of its rules by the HC as well as the Supreme Court, refused to comply with the directions, either intentionally or otherwise.

It was on November 2 that the HC quashed seniority lists prepared by the Punjab government in 2011 and 2013. The matter was pending before court since 2013. The promoted officers had challenged the seniority lists claiming that direct recruits who joined services after them have been shown senior in the list.

The government has been asked to exclude the names of officers occupying posts before December 1, 1959, and seniority from December 1, 1959, to May 3, 1994, would determined according to 1959 rules (to start from the date of appointment, not confirmation).

Now, vacancies will be determined by including temporary and permanent posts and appointed officers would be placed in the ratio of four promotees followed by one direct appointment. As of seniority, it will be determined in the order of confirmation. The seniority of officers, who remain to be adjusted, will be determined according to the 1994 rules (as per continuous length of service).

As of vacancies filled after May 4, 1994, the appointees will be assigned seniority on the basis of continuous length of service against the post available in their quota.

The court has clarified that the reframing of seniority, if results into reversion in rank or change of pension on a lower rank/scale, would not affect the pension of the retired officers and the rank of the serving officers and would not result in reversion.

The serving officers who have earned higher rank and pay on existing seniority list and are affected by the reframing shall hold their rank and pay till they earn such rank and pay as per placement in the reassigned seniority.

VACANCIES WILL BE DETERMINED BY INCLUDING TEMPORARY AND PERMANENT POSTS, AND FOUR PROMOTEE OFFICERS WILL BE PLACED AFTER EVERY DIRECT APPOINTEE