P.B.MAJMUDAR - (1.) By way of this petition, the petitioners are praying for necessary orders against the respondents, for directing them to treat the petitioners, for promotion / posting, on the same terms and conditions as are issued to the other candidates who have been selected for the posts of Police Sub Inspector along with the petitioners, treating them all equally for all purposes.
(2.) The facts and controversy involved in the petition are summarized as under :- The petitioners were originally appointed as Police Constables in the State Service. The Home Department of the State Government issued a Resolution on 3.11.1990, by which in order to see that the State Crime Investigation Department (Intelligence Bureau) becomes more effective and officer oriented and also with a view to seeing that the staff working in the State C.I.D. (IB) gets more incentive, the Government was pleased to reorganise the State CID (IB) and redesignate various posts. So far as the post of Head Constable is concerned, the same is mentioned at serial No.7 in the said Resolution and certain posts of Head Constable were redesignated as Assistant Intelligence Officer (of Head Constable's rank). It is provided in Clause 3 of the said Resolution that the promotion given as per paragraph 2 of the Resolution shall be only for the period of service in the State CID (IB) and shall be treated as purely fortuitous when the Officer reverts to his parent cadre. On promotion, the pay in the higher pay scale should be fixed as per the relevant rules in the B.C.S.R. Thereafter, by an order dated 17.8.1991, the Director General and Inspector General of Police, Gujarat State, Ahmedabad, passed an order, by which one step promotion was given to certain constables on the post of Assistant Intelligence Officer (equivalent to Head Constable) in the pay scale of Rs.975-1660. It is mentioned in the said order that the designation of the Head Constable is now redesignated as Assistant Intelligence Officer. According to the said order, 127 constables were promoted to the post of Assistant Intelligence Officer, which was treated as equivalent to Head Constable. It is also mentioned in the said order that such promotion will be absolutely temporary. Accordingly, the petitioners were promoted by the said Circular at Annexure `B' to the post of Assistant Intelligence Officer (equivalent to Head Constable).
(3.) Initially, this petition was filed by 8 petitioners. However, names of original petitioner Nos. 3, 5 and 8 were subsequently deleted, as they were promoted on the post of P.S.I. By Notification dated 7.12.1991, which is at Annexure `D' to the petition, rules governing recruitment to the post of Assistant Intelligence Officer (equivalent to Head Constable Grade I) in the State Crime Investigation Department were published. In paragraph 2, it is provided that appointment to the post of Assistant Intelligence Officer (equivalent to Head Constable Grade I) in the State Crime Investigation Department (Intelligence Bureau) Class-III shall be made by transferring persons from amongst the Head Constables Grade-II (Armed Branch or Unarmed Branch or Wireless Branch) and constables working in the Gujarat Subordinate Service Class-III Police Department to the State Crime Investigation Department (Intelligence Bureau). It is also provided in paragraph 3 that appointment mentioned in paragraph 2 shall be made on merits and suitability. By another Resolution dated 15.2.1995, which is at Annexure `E' to the petition, the pay of the A.I.O. was fixed as that of the Head Constable Grade I. As per the said order at Annexure `E', the pay scale Rs.975-1660 of Assistant Intelligence Officer (equivalent to Head Constable Grade II) was ordered to be revised as per the Resolution of the Home Department of the State of Gujarat and it was decided that their pay should be revised to Rs.1320-2040, treating as a promotion in the cadre of Head Constable Grade I. Respondent No.2 therafter invited applications from the Head Constables who were in service as Head Constables since last five years and who have not crossed the age limit of 54 years for the purpose of allowing them to appear at the examination which was to be held for appointment to the post of Police Sub Inspector. The said letter / circular is produced at Annexure `F'. It is the say of the petitioners that since they were serving as A.S.I., which is equivalent to Head Constable's Grade and since in the said post of A.S.I., their experience was more than five years, they were eligible to be considered for promotion to the post of P.S.I. and accordingly, they also applied for such appointment. It is not in dispute that their applications were sent to the concerned authorities and subsequently, the petitioners were permitted to appear in the examination.;