K RAMAIAH Vs. DY COMMR OF POLICE C A R

JUDGEMENT

(1.) In these two writ petitions, filed as a common petition, the petitioners who are Reserve Police Head constables in the regular Company of the Armed Reserve Establishment of the Karnataka Police Force have challenged the promotions of respondents 2',3,4, and 5 as violative of the Karnataka State Police Service Recruitment Rules 1967 (hereinafter referred to as the Rules).

(2.) The 1st petitioner was appointed as a Reserve Police Constable on 5-2-1951 in the erstwhile State of Mysore. The 2nd petitioner was also appointed earlier on 2-4-1946. On re-organisation of States, with effect from 1-11-1956 they became allotted to the new State of Mysore (Karnataka). In the new State, the 1st petitioner was promoted as Reserve Head Constable on 11-11-1970, while the 2nd petitioner was promoted to the next promotional cadre of Reserve Head Constable on 6-3-1971.

(3.) It is averred by the petitioners that in the Armed Reserve Establishment of the State Police Force, after the initial recruitment in the cadre of Reserve Police Constables (which is the lowest cadre), the said police constables are allotted to different divisions within the Armed Reserve Establishment such as Motor Transport Section, Armoury Section and Band Section and those constables who are not so allotted constitute the Regular Company. In accordance with the Rules, the promotional avenues are open to the initially recruited Reserve Police Constables. The petitioners have alleged that the promotional cadres are : (1) Head Constables, (2) Assistant Reserve Sub Inspectors, (3) Reserve Sub Inspectors; and (4) Reserve Police Inspectors. The cadre strength of the different cadres mentioned above as fixed by the respondent 'has been furnished by the petitioners and the same is re-produced below : <FRM>JUDGEMENT_184_KANTLJ1_1980Html1.htm</FRM>