Punjab and Haryana HC dismisses plea by retired BSF constable seeking Haryana Police job

Chandigarh, Nov 3 (PTI) The Punjab and Haryana High Court has dismissed a plea filed by a retired BSF personnel seeking appointment as a Haryana Police constable under the ex-servicemen category, observing that the state government has not adopted the Centre's policy that extends such benefits to retired personnel of the Central Armed Police Forces (CAPF).

Retired BSF constable Suraj Bhan, in his petition, sought directions to the Haryana government to issue an appointment letter to him under the ex-servicemen category.

Bhan, who retired in July 2014, had applied for the post of a police constable in 2015 under the ex-servicemen category.

The petitioner was issued an admit card for an interview-cum-personality test. He cleared the physical test and other stages of the selection process, and his name figured in the final result declared in October 2016. However, he was not issued an appointment letter.

The court had sought the Haryana government's stand on a central government's office memorandum dated November 23 2012, which enables states to extend benefits to CAPF personnel similar to those extended to retired personnel from the defence forces.

Affidavits submitted by the Haryana Director General of Police and the Under Secretary of the Haryana Staff Selection Commission stated that the state government has not adopted the instructions issued by the government of India.

According to the Haryana Staff Selection Commission affidavit, the Cabinet Committee on Security approved the proposal to declare retired personnel from the Central Reserve Police Force (CRPF), the Border Security Force (BSF), the Central Industrial Security Force (CISF), the Indo-Tibetan Border Police (ITBP) and the Sashastra Seema Bal (SSB) as "Ex-Central Armed Police Force personnel" (Ex-CAPF personnel).

Based on such designation, the state/Union Territory governments concerned may extend suitable benefits to them on the lines of the benefits extended by the state/UTs to the ex-servicemen of the defence forces.

The court, in its October 30 order, said the state government has not adopted instructions issued by the central government.

"As per instructions of the government of India, officers retired from the CRPF, BSF, CISF, ITBP and SSB may be considered as Ex-Central Armed Police Force personnel and may be extended benefits on the lines of ex-servicemen of defence forces.

"The respondent has not adopted instructions of Government of India, and in the absence of decision of state government to include ex-servicemen of para-military forces in the definition of ex-servicemen of defence forces, this court cannot ask respondents to issue appointment letter to the petitioner," said the court of justice Jagmohan Bansal. PTI SUN RHL