STATE OF ORISSA Vs. B K MOHAPATRA

JUDGEMENT

(1.) This is an appeal by certificate granted by the High Court of Orissa under Article 133 (1) (c) of the Constitution from the judgment and order of the High Court in Writ Petition O. J. C. No. 156 of 1965 filed by B. K. Mohapatra, I. P. S., hereinafter referred to as the petitioner, against the State of Orissa and the Union of India. In this petition the petitioner had prayed for a writ of mandamus directing the respondents to fix the petitioner's seniority and year of allotment as 1948 instead of the year 1951 fixed by the Government of India. The High Court quashed the order of the Union Government, dated July 22, 1958, and directed the Central Government to fix the year of allotment and seniority of the petitioner in accordance with its judgment and the law.

(2.) In order to appreciate the points raised before us it is necessary to set out the facts somewhat in detail. The petitioner was appointed as Deputy Superintendent of Police in the State of Orissa on January 1, 1947. On January 1, 1950, he was confirmed as D. S. P. In the meantime an agreement had been arrived at between the Central Government and some State Governments, including Orissa, regarding the constitution of an Indian Police Service. This agreement is printed as annexure to the Indian Police Cadre Rules, 1950. This agreement provided for various matters such as the strength, including both the number and character of posts of the Indian Police Service, the method of recruitment to the Service, framing of rules regarding conditions of service, the penalties which could be imposed, etc. We are concerned, in particular, with para 2 (e) and para 7 which are as under:

(3.) The All India Services Act, 1951, came into force on October 29, 1951. Section 3 enabled the Central Government to make rules for the regulation of recruitment and conditions of service of persons appointed to an All India Service which was defined to include, among others, the Indian Police Service. Section 4 provided: