- (1.) These three writ petitions have been heard together since the question of law involved therein is common. This common judgment and order shall govern the same.
(2.) The four petitioners in W.P. 92 of 2012, presented before the Court on February 3, 2012, are police personnel of the West Bengal Police Force. They are also office bearers of the West Bengal Police Association (hereafter the WBPA). It is claimed in the writ petition that much prior to India attaining independence, the Governor-in-Council was pleased to accord official recognition to the Bengal Police Association, since rechristened as WBPA, vide Bengal Government, Political Department Order No.1616 Pl., dated May 21, 1923. The same was conveyed to the Honorary Secretary of the Bengal Police Association by the Assistant Inspector General of Police, vide memo dated May 25, 1923.
(3.) W.P. 2301(W) of 2012 has been preferred by Paschim Banga Non-Gazetted Police Karmachari Samiti (hereafter the Samiti) and its President and General Secretary on February 1, 2012. As the name of the Samiti would suggest, it consists of members who are non-gazetted police personnel of the West Bengal Police Force. The Samiti is a society registered in terms of the provisions of the West Bengal Societies Registration Act, 1961. It had applied for recognition before the Government of West Bengal on or about November 28, 1969 together with an amendment proposed by letter dated January 10, 1970. In response thereto, the Deputy Secretary, Home (Police) Department, Government of West Bengal, vide letter dated February 12, 1970, duly conveyed to the President of the Samiti according of recognition by the Governor of the State of West Bengal to the Samiti on the basis of its constitution furnished to the Government.;