B.D. Agarwal, J. - (1.) This group of petitions under Article 226 of the Constitution is dealt with under this consolidated judgment since it gives rise to common questions.
(2.) Faced with the scarcity of Sub-Inspectors of Police available in the Civil Police Cadre in various districts the Superintendents of Police took recourse to give officiating promotions to Head Constables in the light of the provisions contained in Para 191 of the Police Office Manual. According to Para 406 (a) of the U.P. Police Regulations, Sub-Inspectors Civil Police are appointed by the Deputy Inspector General from the list of candidates, who qualify at the prescribed cadet course at the Police Training College. Officiating appointments of under officers (Head Constables) are made by Superintendents under Para 191 Police Office Manual. The provisions contained in Para 191 of the Police Office Manual are that the sanctioned allocation of Civil Police Sub-Inspectors in a district is made up of the fixed number of Civil Police Sub-Inspectors assigned to the district for permanent requirement plus a reserve to meet casual vacancies which is calculated for different districts at 14/100 of the figure arrived at by adding the number of Civil Police Sub-Inspectors allocated to the district to the number if Sub-Inspectors assigned for permanent requirement. It says that the Superintendents of Police may promote an under - officer (Head Constable) to officiate in any clear vacancy in the posts and that clear vacancy means death, retirement resignation, dismissal, removal, reduction (whether for a specified or unspecified period) and permanent promotion. A promoted under - officer is to be deemed to be a Sub-Inspector available for duty for all practical purposes. Every under - officer, so promoted, is liable to revert as soon as a Police Training College passed Sub-Inspector is posted to the vacancy. The officiation granted by the Superintendents of Police continued for a number of years against vacancies caused by the creating of new posts over succeeding years during the seventies. During June, 1982 - January, 1985, there were reversions directed enemas of such of the officiating Sub-Inspectors due to the availability of regular Sub-Inspectors after completion of training at the Police Training College. A number of writ petitions were filed in this Court. At Allahabad the view taken was that the petitioners should exhaust their remedy before the Public Services Tribunal. Upon the matter coming up in large number of petitions before this Court at the Lucknow Bench, it was noticed. inter alia:- " it is not the case of the petitioners that any one junior to them in the district in question has been allowed to officiate while reverting them nor is it asserted that the orders have been passed on the basis of any fault or misconduct of the petitioners. The orders cannot, therefore, be considered to be penal in nature or to amount to reduction in rank."
(3.) The Court dismissed those petitions on November 17, 1983, making certain observations including that it was necessary for the authorities not only to consider the question of increase in the cadre of Sub-Inspectors and Assistant Sub-Inspectors but also to apply their mind to the question of prescribing a definite promotion quota for the post of Sub-Inspectors of the Civil Police. Against the decision a number of appeals were filed before the Supreme Court. Certain writ petitions were filed directly also. The State Government made a review of the situation and issued Government Order, dated December 1, 1984, which provides : (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 those 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-Inspectors 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.";