PARAMJIT SINGH Vs. RAM RAKHA

JUDGEMENT

(1.) These two appeals by special leave arise from a common judgment rendered by the High Court of Punjab and Haryana at Chandigarh in Letters Patent Appeals Nos. 560 and 564 of 1974 and Civil Writ No. 6781/74. The controversy raised in these appeals turns upon the construction of the Punjab Police Service Rules, 1959 ('Services Rules' for short). A few relevant facts as alleged by respondents 1 and 2 in Civil Appeal No. 2903/78 who moved Civil Writ No. 825 of 1972 in the High Court would highlight the problem posed in these appeals.

(2.) Respondents 1 and 2, Gurdip Singh and Dalip Singh, filed a writ petition under Article 226 of the Constitution against the State of Punjab, Inspector General of Police, Punjab, and six others including the present appellants, praying for a direction to confirm them in Punjab Police Service. Respondents 1 and 2 alleged that they were promotees to the cadre of Deputy Superintendent of Police of February 1961 and January 1961 respectively having been brought on 'G' List by an order dated 23rd February 1961 of the State of Punjab and Inspector General of Police, Punjab, respondents 3 and 4 herein. Appellants and respondents 5 to 8 were recruited to the same cadre by direct appointment commencing from May 1961 to May 1965. The grievance of respondents 1 and 2 in the petition filed by them was that recruitment to Punjab Police Service is made from two sources, namely, 80% by promotion and 20% by direct appointment but this quota rule is not adhered to at the time of confirmation in the service and, therefore, even though they were members of the service since a period earlier to appellants and respondents 5 to 8, they were not confirmed though the latter were confirmed and as seniority in the cadre of Deputy Superintendent of Police is reckoned under Rule 10 according to date of confirmation, the failure to confirm them in the post available to them, in breach of the relevant rules, has denied to them equality of opportunity enshrined in Article 16 of the Constitution to be considered for nomination to Indian Police service which is done according to seniority-cum-merit.

(3.) The State of Punjab and Inspector General of Police, Punjab, on the one hand and the direct recruits on the other contested the writ petition, inter alia, contending that the quota applies at the stage of initial recruitment and not at the time of confirmation and there is no allegation that the quota rule was violated at the time of initial recruitment. It was further contended that no one can claim to be confirmed as a matter of right and, therefore, the writ petition is misconceived. Direct recruits to the post of Dy. Superintendent of Police, appellants and respondents 5 to 8 further contended that the petitioners were promoted on officiating basis against temporary posts and as there were no permanent posts available, they could not be confirmed till substantive vacancies in the permanent strength of the cadre were available and till confirmation their seniority having to be reckoned from the date of confirmation, they cannot claim to be senior to the direct recruits on the principle of continuous officiation.