- (1.) This order shall dispose of bunch of writ petitions, namely, CWP Nos.12206 of 2005; 9087 of 2006; 12208 of 2005 and 12321 of 2005 filed by the directly recruited Deputy Superintendents of Police and the CWP Nos. 11887 of 2005; 12009 of 2005; and 12475 of 2005 filed by the Deputy Superintendents of Police promoted from Inspectors against the finalisation of the seniority list vide order dated 7/8.7.2005. This order shall also dispose of the CWP Nos. 13224 of 2001; 14332 of 2001 and 15145 of 2001, wherein challenge is to the order of confirmation of the promotee Officers allegedly in violation of the Statutory Rules. This order shall also dispose of CWP No. 17397 of 1999, whereby the petitioner has claimed finalisation of seniority in terms of the seniority Rules. In the said writ petition, an order was passed that appointment to the Indian Police Service shall be subject to the final decision of the writ petition. Since the issues involved in all the writ petitions are common, therefore, we deem it appropriate to decide all the cases together. However, the facts have been primarily taken from CWP No. 12206 of 2005 filed by the direct recruit Deputy Superintendents of Police (for short 'the direct recruits') and CWP No. 11887 of 2005 filed by the promotee Deputy Superintendents of Police (for short 'the promotees').
(2.) The recruitment and conditions of services of the Deputy Superintendent of Police in Punjab Police, are governed by the Punjab Police Service Rules, 1959 (hereinafter referred to as 'the Rules'). The primary dispute in this bunch of writ petitions is in respect of fixation of seniority under Rule 10 of the aforesaid Rules.
(3.) The recruitment to the Service is required to be made 80% by promotion from the rank of Inspector and 20% by direct appointment. The Inspectors, who have got 6 years continuous service, officiating as well as substantive, are eligible for promotion. The promotion from amongst the Inspectors is made from those Inspectors, who are brought in List-G, a list of officers considered fit for promotion to the post of DSP. Such list is prepared by the Department in consultation with the Government, whereas the direct appointment to the Service is required to be made as a result of competitive examination conducted by the Commission. The relevant Rules are being reproduced as under: "6. Method of recruitment.-(1) Recruitment to the Service shall be made: (1) Eighty per cent by promotion from the rank of Inspector and twenty percent by direct appointment. Provided that only those Inspectors will be eligible for promotion who. (a) in the case of Inspectors (both promoted from subordinate rank and directly recruited) have got six years continuous service (officiating as well as substantive) in the rank of Inspector; 8. Probation of members of Service, (a) Members of the Service shall be on probation for two years, which shall include the period of training in the Police Training School, Phillaur, and in the districts and in the case of members recruited by promotion, the Government may by a special order in each case permit periods of officiating appointment to the Service to count towards the period of probation. "10. Seniority of members of Service.-The Seniority of members of the Service shall be determined by the date of confirmation in the service. Provided that if two or more members are confirmed on the same date; (i) a member who is appointed to the Service by promotion shall be senior to the member appointed otherwise; (ii) in the case of members who were appointed by direct appointment, the seniority shall be determined in accordance with their position in the competitive examination; (iii) in the case of members who were appointed to the service by promotion, the seniority shall be determined in accordance with the date of their entry in promotion list 'G'. 14. General Powers to relax rules.-Where the Government is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.";