STATE OF SIKKIM Vs. ADUP TSHERING BHUTIA

JUDGEMENT

(1.) Leave granted.

(2.) Integration of services means the creation of a homogenous service by the amalgamation or merger of service personnel belonging to separate services. Integration is a policy matter as far as the State is concerned. In evolving a proper coalescence of the services, there are various steps:

(3.) Prior to the constitution of integrated Sikkim Police Force w.e.f. 11.09.2000 as per the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, there were three different services, viz., (1) Sikkim Police Force, (2) Sikkim Armed Police Force and (3) Sikkim Vigilance Police. All the three forces were governed by separate service rules. There is entry level of constable in all the three forces. The Sikkim Vigilance and Sikkim Armed Forces ended with the cadre of inspector. In the case of Sikkim Armed Police there was also 50% direct recruitment at the level of sub-inspector. Promotion to the post of Deputy Superintendent of Police was available only to the Sikkim Police Force. The posts of Deputy Superintendent of Police in Sikkim Vigilance Police and Sikkim Armed Police were filled up only by deputation. The personnel belonging to the Sikkim Vigilance Police and Sikkim Armed Police had been raising their grievances with regard to lack of promotion beyond inspector of police at various levels. The matter reached the High Court in Writ Petition (C) No. 513 of 1998. Realising the heartburn, the State Government appointed Justice N. G. Das, a former Judge of the High Court of Sikkim as one man Commission for examining the scope of integration of different services. Implementing the recommendations of the Commission, the State Government framed the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000 under Article 309 of the Constitution of India consisting of posts upto inspector in all the three forces. For the purpose of ready reference, we shall extract Rule 4 of 2000 Rules on constitution of the forces: