GOVINDBHAI HIRABHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The above two Letters Patent Appeals have been preferred by the unsuccessful petitioners assailing the correctness of the judgment and order dated 18.4.2019 passed by the learned Single Judge in Special Civil Application No.927 of 2016, Special Civil Application No.302 of 2016 and Special Civil Application No.21056 of 2015 whereby all the writ petitions were dismissed.

(2.) To put in simple words, the petitioners-appellants are claiming participation in the selection process of Police Sub- Inspector (Unarmed), by way of promotion, pursuant to an advertisement dated 3.12.2015 from the Assistant Sub- Inspectors and Head Constables (Unarmed), even though the petitioners-appellants were holding the post of Assistant Sub- Inspector (Armed) and Head Constables (Armed). One of the grounds for claiming such relief was that the eligibility for selection to the entry level post of Constables(Armed) and Constables (Unarmed) was the same in both the set of Rules of 1993 and consequently, that there were no promotional avenues in the cadre of the Armed Force (Cadre) whereas there were further promotional avenues in the cadre of Unarmed Force(Cadre).

(3.) The learned Single Judge dismissed the claim and rightly so on the finding that once there are different set of Recruitment Rules of 1993 for the Armed and the Unarmed Constabulary of the Gujarat Police, Assistant Sub-Inspectors and Head Constables from the Armed Cadre could not claim to join in the Unarmed Cadre. The learned Single Judge has relied upon two Division Bench judgments also wherein somewhat similar issues relating to Unarmed and Armed Cadres had been discussed and it had been held that the same are separate and distinct.