S I ROOPLAL Vs. LT GOVERNOR

JUDGEMENT

(1.) Civil Appeals Nos. 5363-64/97 are preferred against the order dated 28-10-1994 made by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. Nos. 1414-15/94. W.P. (c) No. 191/99 filed before this Court under Art. 32 of the Constitution of India challenges the constitutional validity of Office Memorandum No. 20020/7/80-Estt. (D) dated 29-5-1986 issued by the Government of India. T.C. (c) No. 56/99 is a transfer case filed seeking transfer of W.P. (c) No. 4128/98 pending on the file of the High Court of Delhi which involves the same question as is involved in the civil appeals referred to above.

(2.) In all the above cases, the question involved is whether a Sub-Inspector who was appointed as such in the Border Security Force (for short 'the BSF') when transferred on deputation to Delhi Police in the cadre of Sub-Inspector (Executive) on being permanently absorbed in the transferred post, is entitled to count his substantive service as Sub-Inspector in the BSF for the purpose of his seniority in the Cadre of Sub-Inspector (Executive) in Delhi Police or not.

(3.) To appreciate the controversy involved in these cases, it is necessary to note the background of these transfers from various Police Organisations to Delhi Police. A perusal of the letter issued by the Commissioner of Police, Delhi, No. 15413/Est. dated 10-9-1985 shows that in the year 1985 with a view to strengthen the existing security system in the Capital, the Delhi Police had created 12 new Police Stations in Delhi. Consequent to the same and in view of the prevailing conditions, it was felt necessary to fill up the required posts in Delhi Police within the shortest possible time so that there is an immediate impact on the law and order situation in Delhi. In the said letter, the Commissioner noted that in the normal course the recruitment at different levels and training of the recruits would take a longer time and in view of the urgent need of the hour, a decision was taken to take suitable persons on deputation in the ranks of Inspector, Sub-Inspector, Assistant Sub-Inspector, Head Constable, Constable and Drivers (Head Constable and Constable). In the said letter, a request was made to the Director General of the BSF to forward the names of suitable persons desirous of joining Delhi Police on initial deputation for a period of one year. The letter also stated that those officials taken on depuatation are likely to be considered for permanent absorption after one year if they are found suitable. From the above letter it is clear that the Delhi Police were in dire need of additional hands to man the twelve newly created Police Stations in Delhi. In this background, certain Sub-Inspectors who were working in the BSF were at first sent on deputation to Delhi Police in the cadre of Sub-Inspector (Executive) and subsequently they were permanently absorbed.