PRABHAKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The only point which falls for our determination in this appeal by special leave is whether clause 7 (1) (a) of the Bombay Police Officers (Combined Cadre) Conditions of Service Order, 1954, hereinafter called the Order. made by the Government of Bombay in exercise of the powers conferred by clause (b) of Section 5 of the Bombay Police act, 1951 is constitutionally invalid being violative of Articles 14 and 16 of the Constitution of India as has been held by the Bombay High Court in the Writ Petition filed by respondent No. 4.

(2.) In the Province or the State of Bombay, there were two separate police forces - the Mofussil police force governed by the Bombay District Police Act, 1890 and the City Police of Bombay governed by the City of Bombay Police Act, 1902. Some steps for intermixing and inter-transfer of officers of one force to the other were taken by making some provisions in Bombay Act XVI of 1949 called the Police Forces (Control and direction) Act, 1949. The Bombay Police Act of 1951 repealed the earlier Acts. Under the Order which came into force on and from the 1st August, 1954, provision was made in clause 4 empowering the State Government whenever it thought fit to order the transfer of any police officer belonging to the combined cadre from Greater Bombay to any District and vice versa. The combined cadre was sought to be formed under cl. 3 of the Order. Two separate lists of the officers in accordance with their respective seniority were, however maintained even under clause 3 of the Order. Previously there was one Police Training School at Nasik where cadets for training were sent. The period of their training was 18 months. On passing out the training the cadets were appointed to the posts of Sub-Inspectors of Police. Some were appointed to the District Police force and some were sent to the Police Force of Greater Bombay. In the year 1939 due to certain exigencies of administration such as introduction of the scheme of Prohibition and the impending second World War more Sub-Inspectors were needed to be appointed for Greater Bombay. A new Training School was opened at Naigaum a part of Greater Bombay. This new Training School remained in existence for about a decade from the 1st of May, 1939 to 1st of June, 1949. The period of training was reduced from 18 months to a much shorter period varying from 3 to 8 months. Thus cadets of particular batches after completion of training for a shorter period were straightaway appointed as Sub-Inspectors of Police in Greater Bombay. This went on for a period of about 10 years as already stated. On the other hand, almost invariably, the training period at Nasik School remained of 18 months. On the general principle of fixation of seniority, the two seniority lists which were maintained separately even under the Order, were maintained on the basis of their passing out the training and in order of merit obtained at the passing examination. But since after the formation of the combined cadre under the Order transfers were to the made under clause 4, a difficulty was felt in the matter of fixation of seniority vis-a-vis the officer who had been appointed after completion of full training period and the one who had been appointed on the training of a shorter period. To avoid this anomaly and difficulty, a provision was made in clause 7 of the Order thus:

(3.) Respondent No. 4 was a Police Officer appointed in the year 1948 after a short training period at Naigaum School. He challenged by a writ application the vires of the entire Order on certain grounds. He prayed for a direction to respondents 1 to 3 for not giving effect to the Order and for re-fixation of seniority. There was some dispute as to the seniority of a police officer appointed in a regular manner and the one appointed to the police force from the Excise Department. The High Court allowed the writ application in part, declared clause 7 (1) (a) of the Order as constitutionally invalid and also directed the adjustment of places of seniority as between the police officer who came by regular appointments and those who came from the Excise Department. Some officers of the Department were impleaded as respondents in the writ application in their respective capacity. The two such officers made parties in the writ application were respondents 4 and 5 of the Mofussil Police Force, Respondents 6 and 7 therein were police officers who had come from the Excise Department. Appellants 1 and 2 in the present appeal are two other police officers of the Mofussil Police Force and appellant No. 3 is a Police Officer who came from the Excise Department. He was respondent 6 in the writ application. The order of the High Court made against appellant No. 3, could not be assailed before us. Appellant No. 3, is not, therefore, entitled to any relief in this appeal.