STATE OF SIKKIM Vs. ADUP TSHERING BHUTIA
LAWS(SC)-2014-2-33
SUPREME COURT OF INDIA (FROM: SIKKIM)
Decided on February 18,2014

STATE OF SIKKIM Appellant
VERSUS
Adup Tshering Bhutia Respondents





Cited Judgements :-

BIPIN BIHARI VS. STATE OF JHARKHAND THROUGH CHIEF SECRETARY [LAWS(JHAR)-2018-11-101] [REFERRED TO]
S. PARTHIBAN VS. SECRETARY TO GOVERNMENT [LAWS(MAD)-2020-1-609] [REFERRED TO]
MMTC LIMITED AND ORS. VS. DHANRAJ MAHTO AND ORS. [LAWS(JHAR)-2016-1-77] [REFERRED TO]
P.B. SINGH VS. UNION OF INDIA [LAWS(CA)-2014-9-58] [REFERRED TO]
MANISHA RANI VS. INTER-UNIVERSITY ACCELERATOR CENTRE & ORS [LAWS(DLH)-2019-5-256] [REFERRED TO]
D.K. GARG VS. STATE OF RAJASTHAN [LAWS(RAJ)-2022-1-15] [REFERRED TO]
SHAJU A.N. VS. RAHOOF P.K. [LAWS(KER)-2023-7-86] [REFERRED TO]
RAKESH KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2019-11-50] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Integration of services means the creation of a homogenous service by the amalgamation or merger of service personnel belonging to separate services. Integration is a policy matter as far as the State is concerned. In evolving a proper coalescence of the services, there are various steps:
(i) Decide the principles on the basis of which integration of services has to be effected;

(ii) Examine the facts relating to each category and class of post with reference to the principle of equivalence;

(iii) Fix the equitable basis for the preparation of common seniority list of personnel holding posts which are merged into one category.

The State is bound to ensure a fair and equitable treatment to officers in various categories/cadres of services while preparing the common seniority list. Being a complicated process, integration is likely to result in individual bruises which are required to be minimised and if not possible, to be ignored. These first principles on integration are to be borne in mind whenever a dispute on integration is addressed.

SHORT HISTORY

(3.)Prior to the constitution of integrated Sikkim Police Force w.e.f. 11.09.2000 as per the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, there were three different services, viz., (1) Sikkim Police Force, (2) Sikkim Armed Police Force and (3) Sikkim Vigilance Police. All the three forces were governed by separate service rules. There is entry level of constable in all the three forces. The Sikkim Vigilance and Sikkim Armed Forces ended with the cadre of inspector. In the case of Sikkim Armed Police there was also 50% direct recruitment at the level of sub-inspector. Promotion to the post of Deputy Superintendent of Police was available only to the Sikkim Police Force. The posts of Deputy Superintendent of Police in Sikkim Vigilance Police and Sikkim Armed Police were filled up only by deputation. The personnel belonging to the Sikkim Vigilance Police and Sikkim Armed Police had been raising their grievances with regard to lack of promotion beyond inspector of police at various levels. The matter reached the High Court in Writ Petition (C) No. 513 of 1998. Realising the heartburn, the State Government appointed Justice N. G. Das, a former Judge of the High Court of Sikkim as one man Commission for examining the scope of integration of different services. Implementing the recommendations of the Commission, the State Government framed the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000 under Article 309 of the Constitution of India consisting of posts upto inspector in all the three forces. For the purpose of ready reference, we shall extract Rule 4 of 2000 Rules on constitution of the forces:
"4. Constitution of the Force:

The Force shall consist of the following, namely:-

(a) Persons holding the posts upto and including Inspectors under Schedule I of the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 1981.

(b) Persons holding the posts of Constable, Head Constable, Assistant sub-Inspector, Sub-Inspector and Inspector under the Sikkim Vigilance Police Force (Recruitment, Promotion and Seniority) Rules, 1981.

(c) Persons holding the posts of Sub-Inspector and Inspector under the Sikkim Armed Police (Recruitment, Promotion and Seniority) Rules, 1989.

(d) Persons recruited to the Force in accordance with the provisions of these rules."



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