D.D.Seth, J. - (1.) These two petitions under Article 226 of the Constitution were connected as they raise common points. They have been heard by me together.
(2.) In petition No. 2005 of 1960 the petitioner is Sri Avadesh Kumar who was appointed Adjutant in the gazetted rank of Military police in 1948. He was posted in the XII Battalion P.A.C. Moradabad. In 1948 the State legislature passed the Uttar Pradesh Provincial Armed Constabulary Act, 1948 (U.P. Act No. 40 of 1948) which provided for the constitution of the Uttar Pradesh Armed Constabulary. The members of the U.P. Military Police were absorbed in the Armed Constabulary and the petitioner became an Adjutant in the newly constituted Constabulary. The petitioner signed a statutory bond under Section 4 of the Uttar Pradesh Armed Constabulary Act, 1940. The said bond is Annexure B to the affidavit accompanying the petition. In 1947 the Central Government and the Governments of some States including Uttar Pradesh agreed to constitute a service called the Indian Police Service. A member of the Provincial Service could be promoted to the Indian Police Service. By an order dated 4th August 1954 the State Government decided to included the superior gazetted post of the Provincial Armed Constabulary in the regular Police Force and the petitioner was appointed to the post of Deputy Superintendent of Police by a notification dated April 14, 1956. By a letter dated 15th February 1958 addressed to the Inspector General of Police, the Anu Sachiv Uttar Pradesh Sarkar purported to fix the seniority of the petitioner as well as of the other candidates who had been appointed to the post of Deputy Superintendent of Police. This fixation was directly prejudicial to the interest of the petitioner and affected his chances of future promotion to the Indian Police Service. The petitioner therefore, preferred a representation to the Chief Secretary, State Government on 1st September 1958 and requested him to fix his seniority from the date of his employment in the Provincial Armed Constabulary. By a letter dated 3rd July 1959 the Deputy Assistant to the Inspector General of Police informed the petitioner that the Government had rejected his representation. The petitioner thereafter preferred a memorial to the Governor of Uttar Pradesh and requested to be intimated the grounds for the rejection of the representation but was informed by the Deputy Assistant to the Inspector General of the Police that it was not possible for the State of communicate the grounds for the rejection of the petitioner's representation. The memorial addressed by the petitioner to the Governor was rejected in May 1960. Aggrieved by the action of the State Government the petitioner came to this Court and prayed for a mandamus directing the opposite parties not to give effect to the provisions of Clause (4) of the Indian Police Service (Appointment by Promotion) Regulations, 1955 to the extent that they modify the provisions of the notification dated 22nd December 1947 and schedule to the U.P. Provincial Armed Constabulary Act. It was further prayed that the opposite parties be directed no to give effect to the order dated 15th February 1958 in so far as it fixes the seniority of the petitioner below the last promoted or directed recruited officers of the 1955 batch."
(3.) In writ petition No. 2006 of 1960 the petitioner is Sri R.S. Ambardekar who was also appointed Adjutant in the gazetted rank of the police force and was posted in the VII Battalion, U.P. Military Police at Fatehgarh. He was also absorbed in the Provincial Armed Constabulary and became an Adjutant in it. He also signed a statutory bond under Section 4 of the Armed Constabulary Act. It is mentioned in the petition that by an order dated 4th August 1954 the State Government decided to include the superior gazetted posts of the Provincial Armed Constabulary in the regular police force. The petitioner was appointed to the post of Deputy Superintendent of Police by a notification dated 14th April 1956. The Anu Sachiv Uttar Pradesh Sarkar by his letter dated 15th February 1958 addressed to the Inspector General of Police purported to fix the seniority of the petitioner as well as of the other candidates who had been appointed substantively to the post of the Deputy Superintendent of Police and this fixation was directly prejudicial to the interest of the petitioner and affected his chances of future promotion to the Indian Police Service which had been constituted in 1947 by the Central Government and the Government of various states including Uttar Pradesh. He requested him to fix his seniority form the date of his employment in the Armed Constabulary. The petitioner was informed by Sri Som Prakash I.P.S. that the Government had rejected his representation. The petitioner then preferred a memorial to the Governor but the memorial was also rejected. Aggrieved by the action of the State Government the petitioner came to this Court and claimed exactly the same reliefs as have been claimed by Sri Avdesh Kumar in writ petitioner No. 2005 of 1960. Counter-Affidavits in both the petitions have been filed on behalf of the State by one Sri. S.D. Verma, Assistant Superintendent, Appointment (A) Department. Both the petitioners have filed their rejoinder affidavits in reply.;