- (1.) HEARD learned counsel for petitioners as well as learned Standing Counsel. Under challenge is the validity of U.P. Police Group-D Employees Service Rules, 2009 (in short 2009 Rules).
(2.) LEARNED counsel for petitioners submits that petitioners being class-IV employees working in Police Department cannot be treated to be police officers as the Police Act, 1861 and U.P. Police Officers of Subordinate Rank (Punishment and Appeal) Rules, 1991 (in short 1991 Rules) are not applicable to the petitioners. Contention is that the impugned Rules have been framed in exercise of powers under Section 2 and sub-sections 2 and 3 of Section 46 of Police Act, 1861 and as such the impugned Rules are Ultra Vires and beyond the Rule making powers of the State Government under Section 46(2) and (3) of Police Act, 1861. It is further submitted that service conditions of petitioners were governed under Uttar Pradesh Government Servant Group-D Employees Service Rules, 1975 as amended in 1985 (in short 1985 Rules) and the petitioners are similarly situated class-IV employees as of other departments of State Government.
(3.) LEARNED Standing Counsel on the other hand submitted that it is totally misconceived to say that petitioners while working in Police Department are not part of police force. The petitioners are class-IV employees and there were no separate service rules governing them and as such in exercise of powers under Police Act, 1861 State Government has framed Rules to govern the service conditions of such class-IV employees employed in Police Department. There is no infirmity or illegality in the impugned 2009 Rules.;