SHRI ADUP TSHERING BHUTIA Vs. STATE OF SIKKIM

JUDGEMENT

(1.) THE controversy in the present petition relates to fixation of seniority of officials constituting the amalgamated force and their consequential promotional claims on merger of different wings of police. Relevant factual matrix extracted from the pleadings of the parties is noticed hereinafter.

(2.) THE police force in the State of Sikkim was governed and regulated by Sikkim Police Rules. These rules were replaced by the Sikkim Police Act, 1969, which came into operation on 15.06.1969. Petitioner was enrolled as a constable in Sikkim police on 12.08.1974. In the year 1978, the State enacted another Act, namely, Sikkim Vigilance Police Act, 1978 creating a separate wing of the police, namely, Sikkim Vigilance Police. Petitioner was absorbed in the Sikkim Vigilance Police on 12.09.1978. In the year 1981, another force, namely, Sikkim Armed Police Force was created under a newly enacted Sikkim Armed Police Force Act, 1981. Separate sets of recruitment rules were also framed under Article 309 of the Constitution of India for different wings of the police force in the State of Sikkim. The Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 1981 were given retrospective effect with effect from 01.04.1974, whereas the Sikkim Vigilance Police (Recruitment, Seniority and Promotion) Rules, 1981 were notified on 19.12.1981. Petitioner was promoted as Sub- Inspector in the Sikkim Vigilance Police on 12.12.1986 and as Inspector on 26.09.1995.

(3.) PURSUANT to the above notification, the One Man Commission submitted its report dated 10.02.2000 (Annexure P-7).