P C WADHWA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal by special leave. The appellant is a member of the Indian Police Service. He joined that service on October 3, 1952 as a result of a competitive examination held in 1951, and was posted in the State of Punjab. He was confirmed on November 30, 1953. The time-scales of pay admissible to a member of the Indian Police Service consist of the junior scale and selection grade; see R. 3 of the Indian Police Service (Pay) Rules, 1954. In pursuance of sub-rule (1) of R. 4 of the Indian Police Service (Cadre) Rules, 1954, the Central Government made regulations known as the Indian Police Service (Fixation of Cadre Strength) Regulations, 1955. Under these regulations, Punjab has 57 senior posts in the Indian Police Service out of which some have to be filled by promotion in accordance with R. 9 of the Indian Police Service (Recruitment) Rules, 1954. To this aspect of the case we shall advert later. The number of junior posts is also laid down in the regulations. The Indian Police Service (Pay) Rules, 1954 also lays down in Schedule III - (a) posts carrying pay above the time-scale of pay of the Indian Police Service under the State Governments, (b) posts carrying pay in the senior time-scale of the Indian Police Service under the State Governments, and (c) posts carrying pay above the time-scale or special pay in addition to pay in the time-scale under the Central Government. The initial pay of a direct recruit is fixed at the minimum of the junior time-scale. The pay of a member of the Service in the junior time-scale shall, on appointment to a post on the senior time-scale be fixed at the corresponding stage in the senior time-scale as shown in Schedule I of the Indian Police Service (Pay) Rules, 1954; see R. 4 of the said rules. The posts of Superintendents of Police are posts in the senior time-scale.

(2.) On January 27, 1958 the appellant was promoted to officiate in the senior time-scale and was posted as Additional Superintendent of Police, Ferozepore. The order dated January 18, 1958 stated that the appellant was permitted to officiate as Superintendent of Police and posted as Additional Superintendent of Police, Ferozpore, vice, Shri Siasat Singh granted leave from January 27, 1958. Because of this officiating promotion, the appellant's pay was fixed at Rs. 600/- which is the lowest pay in the senior scale. On April 19, 1958, the appellant was transferred and posted as Additional Superintendent of Police, Punjab Armed Police, Ferozpore. This post carried a special pay of Rs. 100/- per month. The appellant earned one increment on October 3, 1958 and his basic pay was raised from Rs. 600/- to Rs. 640/- per month. On July 18, 1958 the appellant was served with a charge sheet and was called upon to submit a reply in defence. The appellant submitted a reply which apparently did not satisfy the Government. An enquiry was ordered, and an officer was appointed to hold the enquiry. However, before the enquiry started, the appellant was reverted to his substantive rank of Assistant Superintendent of Police by an order dated November 3, 1958. The post of Assistant Superintendent of Police is a post in the junior scale and the order dated November 3, 1958 stated that the appellant was reverted to his substantive rank of Assistant Superintendent of Police from the date he was relieved and on reversion the appellant was posted as Assistant Superintendent of Police at Amritsar. It is this order dated November 3, 1958 which is the main subject of attack in the present appeal.

(3.) We shall presently state the grounds on which the appellant attacks the order of reversion; but before we do so, we may complete the statement of facts. The appellant challenged the order of reversion by means of a Writ Petition filed in the Punjab High Court. This Writ Petition was however dismissed as premature, on the ground that the appellant had filed an appeal permissible under the rules, to the Government of India against the order of reversion and the appeal had not then been disposed of. Subsequently, the Government of India dismissed the appeal by an order dated May 8, 1959. The appellant then filed a second Writ Petition in the Punjab High Court out of which the present appeal has arisen. This second Writ Petition was first placed before a single Judge who referred it to a large Bench. The Writ Petition was ultimately heard by Khosla, C. J. and Dulat, J. They dismissed the petition. The appellant then moved this court for special leave and having obtained such leave, has brought the present appeal to this court from the order of the High Court dated January 20, 1961 by which the High Court dismissed the second Writ Petition.