HC for continuity in service to 43 Kurukshetra cops

The Punjab and Haryana High Court has applied the principle of equal treatment by directing the Haryana government to extend the benefit of continuity in service with 50 per cent back wages to 43 Kurukshetra police officials.
The verdict by Justice Rajiv Narain Raina followed allegations of discrimination by the Haryana government against the appellants, who were on probation when discharged from service.
Their counsel had argued that several employees were discharged and dismissed from service on the ground of same conduct.
The statewide strike was resorted to by policemen in 1991.
While regular employees were taken back in service with 50 per cent back wages without punishment in districts other than Kurukshetra, but same yardstick was not followed for them.

Justice Raina observed "the basic issue was that the punishing authority did not care to treat the plaintiffs as similarly situated employees were dealt by the police department."

"When the principles of unfair discrimination are invoked and proved beyond doubt, the civil court ought not to sit back and refuse to apply the principles of Article 14 of the Constitution," the justice noted.
He further observes that if the principle was to be upheld with eyes shut, there would be further invidious and hostile bifurcation among homogeneous class of discharged probationers.
He observed that "this means that there will be intra- class discrimination between the probationers and appellants and regular police officials involved in the same incident, pardoned by the state in a compromise between the Haryana Police and the state government.