- (1.) PALOK Basu, J. The constitutional mandate being that in our country all citizens would get not only social, economical and political justice but would also get equity of status and all opportunities, the questions involved in these nine writ petitions are whether the petitioners grievance that they stand discriminated is correct or not and whether the demotion orders dated 3-2-1995 against the petitioner working as Deputy Superintendents of Police is in the teeth of the directions of the Hon'ble Supreme Court in Rana Randhit Singh v. State of U. P,, AIR 1989 SC 218, "that the respondents are directed to publish the final gradation list on the basis of the directions given above within six months hence, after granting confirmations in the cadre to the Stale of U. P. that the scheme in the rules shall be strictly followed and when a temporary or officiating appointment is made and the officer is not approved by the Public Service Commission, within one months of such non-approval, the candidate shall be revolted and would not be entitled to be continued m the promoted post of Deputy Superintendent of Police. "
(2.) BY virtue of their promotions as Deputy Superintendent of Police nearly eight or nine years ago the petitioners claim permanancy or regularisation as such and challenge the impugned orders riveting them to the posts of Inspectors of Police and further say that those reversion orders are contrary to the constitutional provisions and do not go to enhance the rule or law vis-a-vis, the petitioners. The short facts are that Sara Nand Tripathi (C. M. writ petition No 6036 of 1995) Kant Dast Singh (C. M. No. 5106 of 1995) Harbans Singh (C. M. No. 5218 of 1995) V. K. Gupta (C. M. No. 5163 of 1993) Raj Nir Singh (C. M. No. 5207 of 1995) Nagendra Singh (C. M. No. 5174 of 1995) Shyam Pal Singh (C. M. No. 4535 of 1995) V. C. Rai (C. M. No, 4865 of 1995) and Prem Chand (C. M. No. 4865 of 1995) have filed these writ petitions under Article 226 of the Constitution, challenging the orders in each of the peti tioner's case being dated 3-2-1995. The respective dates on which all these nine petitioners were promoted as Deputy Superintendents of Police may be mentioned here : (1) Sata Nand Tripathi 20-7-1986, (2) Ram Dass Singh 9-7-1986, (3) Harbans Singh 14-7-1986, (4) V. K. Gupta 5-7-1986 (S) Rajbir Singh 11-10-1994, (6) Nagendra Singh 20-5-1992, (7) Shyam Pal Singh 14-7- 1986, (8) Vishnu Chart Rai 1-10-1992, (9) Prem Chand 20-5-1992. It is not in controversy that all the petitioners had been selected into the Police Force as Sub- Inspectors or Inspectors and in due course they were promoted to the post of Duty Superintendents of Police in pursuance of the existing service rules known as the U. P. Police Service Rules, 1942 (foe short, the old rules ). At this stage few rules may be quoted here for ready reference to facilitate the discussion here after. Under Rule 3 (g) "members of service" has been defined to mean a person appointed in a substantive capacity under the provisions of those rules or of rules in force previous to the introduction of those rules, to a post in the cadre of the service and includes every such officer who was appointed as temporary Deputy Superin tendent of Police under notifications dated 28th May, 1948, 6th September, 1948, 22nd September, 1948 and 9th March, 1949 and subsequently appointed in a substantive capacity from the date of his substantive appointment.
(3.) RULES 5 provides the source of recruitment: 5. Source of Recruitment.-Recruitment to the service in the ordinary" grade shall be made- (1) on the result of competitive examination conducted by the Com mission ; and (ii) by promotion of permanent Inspectors of Police : Provided that the Governor may also in the interest of public service sanction the appointment in temporary or officiating vacancies, of Sub-Inspectors of Police, who have been approved for substantive, appointment as Inspectors of Police and have officiated as Inspec tors for not less than two years. " Rule 17 is contained in Part VI of the rules which lays down the pro cedure for recruitment by promotion : "part VI-PROCEDURE FOR RECRUITMENT BY PROMOTIOn 17. Recruitment by promotion.- (I) For the purposes of recruitment under Rule 5 (ii) a selection based on the criterion of merit shall be made in the manner hereinafter provided from among permanent Inspectors of Police. (2) The Chief Secretary to Government shall draw up a list containing names of candidates in order of merit, whom he considers most Suitable from among those who are eligible for promotion. The number in this list shall be double the number of vacancies which are intended to be filled substantively, during the course of the year. (3) The Chief Secretary shall also draw up a supplementary list con taining names of candidates, in order of merit, whom he considers suitable for officiating for temporary vacancies occurring during the course of the year. The number of this list shall be, so far as possible, equal to the number of temporary officiating vacancies expected to occur during the course of the year. (4) The two lists, together with a gradation list, indicating therein the reason for passing over the seniors, if any, and the character rolls of all eligible candidates, shall be sent by Government to the Commission. The Commission will examine the rolls and add any new names to either of the two lists and return both the lists as finalised together with other papers to Government. (5) The Chief Secretary shall, in consultation with the Commission, decide whether an interview of all or any of the candidate is necessary and, if so, fix a date and call them for interview. These candidates will be interviewed by the Selection Committee, consist ing of the following : (i) A representative of the Commission, who will preside over the Committee ; (ii) The Chief Secretary, or the Secretary to Government Home Department; (iii) The Inspector General. Where the Chief Secretary, in consultation with the Commission, comes to the conclusion that an interview of all or some of the candidates is not necessary, the Committee shall consider their cases on the basis of their character roll, and personal files. (6) The lists of names of candidates selected by the Committee for ap pointment against permanent and temporary or officiating vacan cies respectively will be considered by the Commission who thereafter send the lists as finally approved by them to Government. (7) The names of the candidates selected in the first list, upto the number of permanent vacancies intended to be filled substantively during the course of the year, shall be drawn up and re-arranged in order of seniority and they will be appointed against substan tive vacancies in the cadre of the service in the same order. (8) The remaining names of the first list will be transferred to the top of the second list which will then form the Select List. The candi dates will be appointed against officiating and temporary vacancies in the order in which their names stand in this list, as and when vacancies occur during the course of the year. This Select List will hold good only for one year or until such time as a review is made at the following selection. (9) In case permanent vacancies ; do not occur for two consecutive years and it becomes necessary to make a selection for officiating and temporary vacancies, only, the Selection Committee will meet to examine the cases of all eligible candidates including those who were superseded at the last selection. The procedure prescribed above shall so far as applicable be followed. ";