Punjab & Haryana High Court Dismisses Promotion Plea By Son Of Indian Spy Jailed In Pakistan

Last Updated:June 13, 2025, 17:17 IST

Justice Bansal observed that the appointment as constable had been offered after due consideration of the petitioner’s background and qualifications

The bench of Justice Jagmohan Bansal passed the order in a writ petition filed by Neeraj Sharma.

The Punjab and Haryana High Court recently dismissed a plea by a police constable seeking elevation to a higher post on compassionate grounds, citing the lack of any policy support for such a request.

The bench of Justice Jagmohan Bansal passed the order in a writ petition filed by Neeraj Sharma, who had approached the court seeking the setting aside of multiple government orders rejecting his representations. Sharma had argued that he deserved the rank of at least an assistant sub-inspector, given his educational qualifications and family background.

The petitioner’s father had worked as a spy with the Intelligence Bureau and was captured by the Pakistan Army in 1968. After being tried and sentenced by a military court, he was released in 1974 and repatriated via Wagah Border. In 2008, Sharma’s father had sought assistance from the Punjab government, drawing parallels with another former spy, Kashmir Singh. In 2014, the family received Rs 50,000 as financial support after verification by the Deputy Commissioner, Ferozepur.

Neeraj Sharma, who holds a degree in D Pharmacy and B.Sc. (Medical), had applied for a government job on compassionate grounds in 2018. Although he was eventually offered and accepted the post of a constable in 2020, he later sought an upgrade to a higher rank, citing examples of similarly situated individuals allegedly appointed to better posts.

His legal counsel argued that the government had previously shown leniency in appointing candidates from similar backgrounds to Class-B positions. However, the State’s counsel submitted that there was no existing policy framework supporting the petitioner’s request for a higher post. The petitioner’s counsel admitted the lack of a specific government policy mandating such appointments.

Justice Bansal observed that the appointment as constable had been offered after due consideration of the petitioner’s background and qualifications. Importantly, the court held that in the absence of an express or even implied policy, it could not issue directions for appointment or promotion to a higher post merely on equitable grounds.

Dismissing the petition, the court remarked: “This court in the absence of express or implied policy of the State government cannot direct authorities to consider the petitioner for a higher rank especially when he has already been offered and appointed as constable without complying with terms and conditions applicable to the post of constable.”

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr…Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr… Read More

Location :

Haryana, India, India

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