B.D. Agarwal, D.S. Sinha, JJ. - (1.) These petitions are directed against the order reverting the petitioners officiating as Sub-Inspectors of Police to the posts of Head Constables and are being taken up in a bunch they were argued together.
(2.) In the year 1983 there was reversion directed against a large number of officiating Sub-Inspectors of Police (including the petitioners) in exercise of powers under paragraph 191 of the Police Office Manual. The writ petitions filed against the order were dismissed by this Court whereupon the matter was taken in special appeal to the Supreme Court. In the mean time the State Government issued a Government order dated December 1, 1984 which is Annexure 1 to the writ petition No. nil of 1986 (Ram Swarup Sharma v. Inspector General of Police and others) which has been argued as the leading case. Upon the matter coming up before the Supreme Court on April 19, 1985 there was seal of approval put to the aforementioned Government order and the relevant terms thereof were also incorporated in the judgment which read as under:- "4. The said Government order provides as follows:- (a) That the Governor has been pleased to sanction the creation of 1300 supernumerary posts of Civil Police in the pay scale of Rs. 515-860/ - . (b) Appointments on these posts shall be made from amongst all those officiating Sub Inspectors who are liable to be reverted and have crossed the age of 40 years on 30th September, 1984 and whose service records are satisfactory. (c) Only those officiating Sub - Inspectors will be absorbed on these posts who have officiated on the posts of Sub - Inspector for three years or more till 30th September, 1984. (d) Selection of the candidates will be done by a committee nominated by the Government on the basis of service records of the concerned candidates. (e) These 1300 supernumerary posts will be personal and the post and term thereof will expire on retirement of incumbent or termination of his service due to any other reason. (f) No officiating Sub - Inspector promoted under para 191 of the office Manual falling within the above category whether he has approached the Court or not will be reverted before the decision of Selection Committee. If certain Sub-Inspectors falling within the above category have been reverted they may be promoted on the above posts."
(3.) In view of the State Government order the civil appeals were rendered infructuous. In terms of the Government order dated 1st December, 1984 the Governor sanctioned 1300 supernumerary posts. Contention for the petitioners before us is that the petitioners have put in over three years' as officiating Sub - Inspectors till December 30, 1984 and also that they have crossed the age of 40 years on September 30, 1984. The reversion has proceeded on ground as appearing from the orders impugned that the Selection Committee appointed for the purpose did not select the petitioners,;