S.H.A.Raza, R.D.Shukla, JJ. - (1.) The present special appeal has been filed by the State of U. P. against the orders passed by the Hon'ble single Judges in various writ petitions, which were filed by the police personnel who belong to Ministerial Cadre. Hon'ble the single Judges of this Court on all those writ petitions have given them the same benefits which accrues to the police personnel who belong to the executive cadre.
(2.) More or less, a similar controversy was raised in Writ Petition No. 6700 of 1986 which was set at rest by one amongst us (Hon'ble S. H. A. Raza. J.) on 23.2.1991 wherein the following operative portion of the orders were passed : "In view of what has been indicated hereinabove, the writ petition succeeds. A writ in the nature of certiorari is issued quashing the order dated 8.5.1985 contained in Annexure-19 to the writ petition. A writ in the nature of mandamus is issued commanding the opposite parties to grant special work allowance, special pay, fixed house rent allowances, motor subsidy and one month's extra pay to the petitioners who are working in the ministerial cadre of the U. P. Police Force in Intelligence Department at par with the equivalent category of the officers/officials belonging to the Executive cadre working in the Intelligence Department with effect from the date of the order." Annexure-19 to the writ petition was the order of the Home Secretary dated 8.5.1985 by means of which he dismissed the representations preferred by the police personnel on the ministerial side in the Intelligence Department as there existed no ground for grant of the aforesaid facilities to them. In that writ petition, the cue was taken by the Court about the earlier decision of this Court in Writ Petition bearing No. 45 of 1984, which was decided on 19.12.1984 wherein the Division Bench observed : "Considering the circumstances, it is (sic) desirable and in the public Interest that the Government takes an early decision on the various representations sent by the Directorate of Police. We accordingly, direct the Government by way of writ of mandamus to take a decision thereon at an early date, say within three months from today." It is really unfortunate that the Home Secretary passed a cryptic order indicating no reason for rejecting the representations. That order was challenged in the said Writ Petition bearing No. 6700 of 1986. The appeal preferred by the State against the judgment and order passed in Writ Petition bearing No. 6700 of 1986 was withdrawn by the State Government and the Judgment attained finality.
(3.) It appears that on 6.9.1986, the Government of Uttar Pradesh issued a Government Order No. 7252/VIII-3-24/66 by means of which a new cadre known as Police (Ministerial Rank) was created in the Police Force.;