Satyabrata Sinha, J. - (1.) Whether New/Intermediate Selection Grade (hereinafter referred to as the N.I.S.G) scale of pay can be denied to a Sub-Inspector of Police on the basis of seniority list maintained District wise although his juniors have been paid the same, is the question involved in this application
(2.) The basic fact of the matter is not disputed as would be evident from the statements made in paragraph 6 of the affidavit-in-opposition which is as follows:- "With reference to the statements contained in para-3 of the petition. I state that the according to classification of W. B. Service (Revision of pay and Allowances) Rules, 1981 pay of the petitioner as fixed @ Rs. 680/- with effect from 2.9.81 A.M. (In terms of Govt. Order No. 3816-F dated 12th May, 1976 appointment to the Selection Grade post was to be made from amongst the eligible Govt, servants with due regards to their merits and seniority. For the purpose of conferment of New/Intermediate Selection Grade posts, a guideline was issued by the Inspector General of Police, W. B. in his Memo No. 4(44)SC/SC/16/76 dated 6th August, 1976 asking to decide the seniority of the incumbents as per Gradation List which are prepared and maintained at District/Unit-level. As per Govt. Order No. 10303-F dated 19.11.74 the New/Intermediate Selection Grade post was raised to 15 per cent from 10 per cent with effect from 1.8.74. It was also decided in the said Govt, order that the New/Intermediate Selection Grade post sanctioned above shall be admissible after 10 years of service in the grade next below. In connection with the creation of post in the New/Intermediate Selection Grade in the District/Unit the number of strength of the District/Unit was taken into account. The distribution of the post of Selection Grade was made as per Govt. Order No. 3922-PL dated 3rd June, 1976 as annexed herewith marked as Annexure 'A'. In the instant case the petitioner was appointed as a temporary Sub-Inspector for R. J. Patrol Scheme in the West Bengal Police on 29.8.66. The junior most Sub-Inspector of Midnapore District who has been conferred with the New/Intermediate Selection Grade post was appointed as Sub-Inspector of Police on 2nd January, 1966 against the last vacancy in the selection grade post of Sub-Inspector of Police of Midnapore District. In this connection it may be mentioned here that the District Superintendent of Police/Commandant being the appointing authority of Sub-Inspector of Police and downwards, the Gradation List of Sub-Inspector are maintained District/Unit-wise as a matter of policy. Sri Harihar Ghosh, Sri Manindra Lal Kundu and Sri Ram Pada Mondal who were claimed to be batchmate and junior to the petitioner were never attached or posted to Midnapore District and are under the control of Special Superintendent of Police C.I.D. West Bengal and that the abovenamed Sub-Inspectors were not appointed in the post of New/Intermediate Selection Grade by the Superintendent of Police, Midnapore, respondent. No. 2 in the allotted quota of Midnapore District. Sri Himangshu Bikash Chakraborty was appointed in the post of New/ Intermediate Selection Grade by the superintendent, Railway Police, Howrah in the allotted quota of the Howrah Govt. Railway Police District. It is not a fact that same persons were given Selection Grade in the rank of Sub-Inspector of Police when they were posted to Units other than the District of Midnapore and the Selection Grade scale of pay had been retained even after their transfer to other districts. It is a fact that some persons were confirmed with the New/Intermediate Selection Grade posts of Sub-Inspectors of Police when they were attached other than the district of Midnapore but having their permanent lien with Midnapore District."
(3.) Although the Superintendent of Police or the Commandant as the case may be, is the appointing authority, the selection is made by the Central Recruitment Board consisting of two or more Deputy Inspector General of Police, Deputy Inspector General being the Chairman of the Board. Similarly the Central Recruitment Board selects departmental candidates for promotion to officiate in the rank of Sub-Inspector as per Rule 741 (B) of Police Regulation of Bengal, 1943, Vol.-II. Gradation Lists of Sub-Inspector of Police are maintained in the District by the Superintendent of Police purported to be in terms of Rule 658(c) read with Rule 913 of Police Regulation of Bengal, 1943 which read thus:- "R. 658. Police Cadres. (a)................. (c) The cadre for Sub-Inspectors of the Criminal Investigation Department and of the Intelligence Branch shall be shown in a gradation list printed in April each year and maintained by the Deputy Inspector-General, Criminal Investigation Department and Intelligence Branch. R. 913. Gradation List. (a) A gradation list in B.P. Form No. 173 shall be kept showing separately and with sufficient intervals each class of officer of and below the rank of inspector arranged in order of seniority. At the top of each class shall be recorded the sanctioned number. Superintendents may keep Hie list in one, two or more volumes (i.e. separately for each rank) as they find most suitable for their districts.";