SACHCHIDANANDAN SRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) These three writ applications have been heard together and are being disposed of by this judgment as the points involved are identical in all the cases. The main points for determination in these cases are as to whether the year of allotment of each of the petitioners has been correctly determined and they are legal and valid. The petitioners have in the writ applications submitted that the year of allotment which has been determined as 1953, should be 1950 which was the year of allotment determined for respondents 3 to 9 who are direct recruits in the Indian Police Service Cadre It may be stated here that the petitioners in each of the writ applications are promotees to the I.P.S. Cadre from their State service Sri Sachidanand Srivastava (Petitioner in C.W.J.C. 476 of 1971) and Sri Ram Narain Singh (Petitioner in C.W.J.C. 477 of 1971) were appointed as Deputy Suprintendent of Police on the 29th of July, 1948 whereas Sri Nityanand Singh (petitioner in C.W.J.C. 600 of 1971) was similarly appointed on the 30th of July, 1948. All the aforesaid three petitioners were promoted to officiate in the senior scale of the Indian Police Service by Government Notification dated the 26th May, 1954 (Annexure '1') and have begun to officiate in the said posts from June, 1954. It is also not disputed that all the petitioners officiated till they were substantively appointed in the I.P.S. Cadre. It may be stated here that Sri Sachidanand Srivastava, Sri Ram Narain Singh and Sri Nityanand Singh were substantively appointed on 2.3.1961, 29.7.1961 and 15.11.1959 respectively.

(2.) On the 27th May, 1954 the Government of India issued a letter addressed to the Chief Secretaries of the Governments of all Part A States on the subject "Indian Civil Administrative/Indian Police Cadres-Non-cadre officers holding Cadre posts reference to the U.P.S.C. "Directing them to make reference to Union Public Service Commission for advice on the suitability or otherwise of the officers concerned who may already have held or are likely to hold cadre posts for a period of more than six months. It is also stated therein that this reference is required to be made under the provisions of the Draft Indian Administrative Service/Indian Police Service (Cadre) Rules which will be promulgated shortly. A copy of the said letter is made Annexure '2' to the writ applications. The State Government on receipt of the aforesaid letter (Annexure '2') replied under letter dated the 6th December, 1954 to the Government of India. Ministry of Home Affairs (Annexure '3') that all the non-cadre police officers of the State holding senior cadre posts were already in the approved list of officers having held Senior I.P.S. posts or equivalent posts except the three petitioners and one Mr. A.R. Ansari. In that letter the State Government further requested that the advice of the Indian Public Service Commission may kindly be obtained on the suitability of the three petitioners to continue to officiate in the senior cadre. It appears that thereafter Government of India were to the State Government in their letter dated the 23rd December, 1954 (Annexure 3(A) which is a reply to the letter Annexure '3' stated above informing that under Rule 9(4) of the Indian Police Service (Cadre) Rules, 1954 (hereinafter called the Cadre Rules) Government of India is required to report the full facts to the Union Public Service Commission with reasons for holding that no suitable officer was available for filling the posts. Accordingly request was made to the State Government to send the full facts relating to the cases of the three officers named in Annexure '4' together with reasons for holding that no suitable cadre officer was available for filling the posts as well as for supersession if any, of other State Police Officers involved in the promotion of the three officers. Therefore a letter was written by the Government of India to the Union Public Service Commission on the 24th of March, 1955 (Annexure 3/B) requesting the Commissioner to advise on the suitability or otherwise of the three petitioners to officiate in the cadre posts of I.P.S. Cadre of Bihar and communicate the same to the Ministry at an early date. Along with the said letter was forwarded copies of letters, Annexure '3' Annexure '3A' and another letter dated the 19th February, 1955 (Copy of which has been made annexure to any of the writ applications). The Union Public Service Commission thereafter on the 19th April, 1955, wrote a letter to the Ministry of Home Affairs, New Delhi (Annexure 4) after referring to the letter (Annexure 3/B) informing that the Commission has examined the case of non-cadre officers who have been allowed to join the post of the Indian Police Service Cadre of the Government of Bihar and has agreed to the continuance of the petitioners to an officiating capacity posts in the Indian Police Service Cadre. Annexure 4A is a copy of Annexure '4' sent to A.I.G. on 31.5.1955. On the 6th June, 1955 Indian Police Service (Appointment by Promotion) Regulations, 1955 (hereinafter called 'the Regulations') came into force under the said Regulations some time in November, 1955 a Committee was appointed which considered by case of the three petitioners and others and recommended that they may continue to hold I.P.S. Cadre Posts in an officiating capacity and may be placed in "Fit for Trial List" which was approved by the Commission on the 15th February, 1956 with the said note "Fit for Trial". Under Regulation 5 of the aforesaid Regulations the committee, which is constituted under Regulation 3 has to prepare a list of such members of the State Police Service as satisfy the conditions specified in Regulation 4 and are held by the Committee to the suitable for promotion in the service. Under Regulation 6 a list is prepared in accordance with Regulation 5 and forwarded to the Commission by the State Government along with the record of all the members of the State Police Service included in that list. Then the said list which is forwarded to the Commission by the Committee is approved under Regulation 7 and the list as finally approved by the Commission becomes the 'Select list' of the members of the State Police Service.

(3.) In June 1958 a select list was accordingly prepared and communicated to the Government of India on the 24th June, 1958 in which the names of the petitioner of the three writ applications were included Thereafter the petitioners were substantively appointed with effect from the respective dates already mentioned above and have been assigned the year 1953 as the year of allotment as required under the second proviso of Sub-rule (3) of the Indian Police Service (Regulation of Seniority) Rules 1954 (hereinafter called the 'Seniority Rules').