Ranganath Misra, J. - (1.) Writ Petitions Nos. 711, 1100, 1272-73 of 1986 are applications under Article 32 of the Constitution by a set of direct recruits to the U. P. Police Service Class II while Writ Petition No. 13409 of 1983 is by a set of promotees to the said service. A writ petition filed under Article 226 of the Constitution and bearing No. 1449 of 1985 before the Allahabad High Court by a set of promotees challenging the order of the U. P. Public Services Tribunal (Lucknow Bench) has been transferred to this Court and has been registered as Transferred Case No. 23 of 1987. Writ Petition No. 4475 of 1984 filed before the Allahabad High Court under Article 226 of the Constitution at the instance of the State of Uttar Pradesh and its Inspector General of Police against the same decision of the U. P. Public Services Tribunal has also been transferred to this Court and registered as Transferred Case No. 25 of 1987. Writ Petition No. 10751 of 1984 filed before the Allahabad High Court by different sets of promotees for a direction to the State Govermnent to appoint the petitioners therein in terms of the recommendations of the State Public Service Commission and for treating such appointments as substantive has been transferred to this Court and registered as Transferred Case No. 24 of 1987. In all these applications excepting the last one the dispute is mainly one relating to inter se seniority. All these writ petitions have been heard analogously and are being disposed of by the common judgment of this Court.
(2.) The dispute relating to inter se seniority in these applications has to be disposed of on an appropriate interpretation of the Uttar Pradesh Police Service Rules, 1942 framed under Section 241 of the Government of India Act, 1935. Straightway we may proceed to analyse the Rules.
(3.) Rule 2 indicates that the status of the service is Uttar Pradesh Police Service which is a State Service in Class II. Rule3(g) defines "Member of the Service" to mean: "A person appointed in a substantive capacity under the provisions of these rules or of rules in force previous to the introduction of these rules to a post in the cadre of the service and includes every such officer who was appointed as temporary Deputy Superintendent of Police under the stated notifications and subsequently appointed in a substantive capacity from the date of his substantive appointment." Rule 4 authorises the Governor to determine the strength of the service from time to time and until the permanent strength is varied the strength would be as shown in the appendix. Rule 5 prescribes that recruitment to the service shall be made on the basis of the result of a competitive examination conducted by the State Public Service Commission and by promotion of permanent Inspectors of Police. The proviso to the said rule authorises the Governor in the interest of the public service to sanction the appointment of Sub-Inspectors of Police who have been approved for substantive appointments of Inspectors of Police and have officiated as Inspectors for not less than two years. Rule 7 provides that the Governor shall decide the number of recruits to be taken from each of the two sources specified in Rule 5 and the proviso prescribes that not less than half the number of candidates to be recruited each year shall be recruited by promotion. Part V of the Rules lays down the procedure for direct recruitment while Part VI deals with recruitment by promotion. Rule 17(l) provides:- "1. For purposes of recruitment under Rule 5(ii) a selection based on the criteria of merit shall be made in the manner hereinafter provided from amongst permanent Inspectors of Police." Sub-rule (7) provides:- "The names of the candidates selected in the first list, up to the number of permanent vacancies intended to be filled substantively during the course of the year, shall be drawn up and rearranged in order of seniority and they will be appointed against substantive vacancies in the cadre of service in the same order." Sub-rule (8) provides:- "The remaining names of the first list will be transferred from the top of the second list which will then form the select list. The candidates will be appointed against officiating and temporary vacancies in the order in which their names stand in the list, as and when vacancies occur during the course of the year .........." Rule 18 in Part VII makes provision for the waiting list of the candidates and provides:- "(1) The commission shall prepare a list of candidates for direct recruitment in order of their proficiency as disclosed by the aggregate marks finally awarded to each candidate. If two or more candidates obtain equal marks in the aggregate the commission shall place them in order of merit on the basis of their general suitability for the service as determined by the result of the viva voce test." Rule 18(2) provides:- "The list of candidates considered suitable for promotion under Rule 17(7) shall be arranged in order of seniority as Inspectors of Police." Rule 20 prescribes:- "The Governor shall make appointments to the service on the occurrence of the substantive vacancies by taking candidates alternatively so far as this may be possible, from the two lists prepared under Rule 18...." Rule 2l deals with seniority and provides:- "Seniority in the service shall be determined according to the date of the order of appointment in a susbtantive capacity and if two or more candidates are appointed on the same date, their seniority inter se shall be determined according to the order in which their names appear in the order of appointment: Provided that - 1. The inter se seniority of direct recruits selected in one batch shall be determined according to their merit at the selection but a candidate may lose his seniority if he fails to join without sufficient reasons when appointment is offered to him and the decision of the Governor as to the sufficiency of the reasons shall be final; 2. The inter se seniority of the promotees, selected at one selection, relating to one particular year of recruitment shall be determined according to their seniority in the post from which they are promoted; 3 ********** 4 ********** 5. Vacancies are required to be filled on every occasion both by direct recruitment and promotion and the inter se seniority of persons appointed by promotion and direct recruitment against the vacancies of a particular year, shall be determined by arranging their names alternatively, the first name being of the person appointed by promotion, and placing the names of the remaining persons below en bloc. Explanation:A direct recruit will not be entitled to seniority of the year earlier to the year of his recruitment solely on the ground that there had been no recruitment in that year.";