D.BASU, J. - (1.) THOUGH the affidavits on either side, in this case, are longish documents, the real issue between the parties is one of interpretation of certain rules relating to the Indian Police Service, which has to be determined with reference to certain landmarks in the career of the petitioner, which are substantially admitted.
(2.) THE petitioner was commissioned in the Indian Army as a Second Lieutenant on 12 April 1942, and promoted to the rank of Major In April 1945. On 10 January 1949, the services of the petitioner were lent by the Defence Department of the Government of India to the Province of West Bengal, to cope with the unusual situation arising out of the partition of India and the petitioner was posted as a Commandant in the Special Armed Police Battalion of West Bengal, which post was acknowledged by the Government of West Bengal as ' a senior scale Indian Police Service post, which may temporarily be held by an Army officer of the rank of a Major ..' (annexure B to the petition, dated 10 April 1950; annexure C, Para. 1),
(3.) THOUGH the Initial loan was for a period of three years, it was extended from time to time at the instance of the State of West Bengal until 1 July 1953, when the petitioner was absorbed in the State Police Service, appointing him to be a probationary Deputy Superintendent of Police with effect from that date (vide annexure C to the petition, Para. 1). But though the petitioner was thus absorbed in the State Police Service, terminating his deputation from the Government of India, his seniority in the State Police Service was not determined until 1956, which by its Memorandum No. 4439 of 15 December 1956 (annexure C to the petition), the State Government ordered as follows:. the question of fixation of pay and seniority of these officers in the West Bengal Police Service has been considered by Government and if has been decided that for the said purpose their past service from the dates on which they joined as Second Lieutenant in the Army should be counted .. A. R. Mukherjee will be deemed to have entered the West Bengal Police Service on 12 April 1942, on which date he Joined as Second Lieutenant in the Army...;