High Court Rejects Seniority Claim of Former Army Major in Punjab Police DSP Role
The Punjab and Haryana High Court has delivered a significant verdict, refusing to grant seniority benefits to a retired Indian Army major who was appointed as a Deputy Superintendent of Police (DSP) in the Punjab Police through a special relaxation in height criteria in 2020. The court emphasized that his appointment was a "special appointment" under unique circumstances, limiting his entitlements strictly to what was outlined in his official appointment letter.
Background of the Case and Legal Proceedings
Maj Sumeer Singh (retd) had petitioned the High Court, seeking seniority by counting his previous service in the Indian Army and as an Excise and Taxation Officer (ETO) before joining the Punjab Police as a DSP. He argued that this prior service should be considered for determining his seniority, especially after several DSPs junior to him were promoted to Superintendents of Police (SPs) in May 2025.
According to the court order, Maj Singh initially applied for the DSP position under the ex-servicemen category following a 2015 advertisement by the Punjab Public Service Commission (PPSC). He cleared the selection process but was denied appointment due to not meeting the prescribed height requirements. After prolonged litigation, the Punjab government granted him a height relaxation, which was later contested and withdrawn by other candidates.
Special Appointment and Court's Rationale
During the legal battles, Maj Singh joined as an ETO in 2018. However, in January 2020, the state government reconsidered his case and issued an appointment letter dated January 24, 2020, appointing him as a DSP. This decision was based on a meeting of the Council of Ministers on January 9, 2020, which deemed his case "special." Consequently, one DSP post was withdrawn from the PPSC's purview to facilitate his appointment.
The High Court, in its ruling, clarified that this appointment was made without full compliance with the Punjab Police Service Rules, 1959, and the Punjab Civil Services Rules. Justice Jagmohan Bansal, who presided over the case, stated that Maj Singh "happily and with open eyes accepted the aforesaid appointment letter," which explicitly outlined that his seniority among DSPs would be fixed under the Punjab Civil Service (General and Common Conditions of Services) Rules, 1994.
The court further explained that granting the claimed seniority benefits would amount to re-writing the appointment letter, which is impermissible under law. It emphasized that since the appointment letter did not include provisions for counting his prior service as an ETO or Army officer, he could not claim such advantages at this stage.
Implications and Final Decision
This ruling underscores the legal boundaries of special appointments in government services. The High Court dismissed Maj Singh's petition, reinforcing that his appointment was an exception to standard procedures and thus carries specific conditions that cannot be altered retrospectively.
The case highlights the complexities involved in integrating ex-servicemen into civil services, particularly when relaxations and special considerations are applied. It serves as a precedent for similar disputes, emphasizing the importance of adhering to appointment terms and the limitations of seeking additional benefits beyond agreed-upon conditions.
