D D TUTEJA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioners, 15 in number, were on the date of filing of this petition holding the post of Deputy Superintendent of Police in the State Cadre. As per Rule 4 (2) of the Indian Police Service (Cadre) Rules, 1954, it was mandatory for the first respondent to examine the strength and composition of each cadre in consultation with the State Government. On the basis of said periodic assessment, strength of each cadre was to be reassessed and fixed. According to that rule, the Central Government was to examine the question of strength and composition of various cadres of posts in the police force in the State of Gujarat. Such an assessment was made on 25.6.1975 as is clear from the Notification No. 11052-2-75-AIS-9110-A. The grievance of the petitioners is that ever since 1975 neither the Central Government nor the State Government cared to carry out a review of the cadre strength of officers as per Rule 4 of the Rules. Consequently, it is alleged that the petitioners were denied the benefit of being selected to the IPS rank.

(2.) The second proviso to Rule 4 (2) of the Indian Police Service (Cadre), Rules, 1954 enables the State Government to add for a period of not exceeding one year, posts to the cadre with the permission of the Central Government. It can extent to a period not exceeding 2 years. Though Under-Rule 4 (2) the State Government can create such posts over and above those in the cadre for a maximum period of 3 years, it failed to create such posts. Consequently, the petitioners were denied the benefit of holding cadre posts by virtue of the State Government's failure in not converting them to the cadre. On these counts they approached this Court by filing this petition, inter alia, praying for the issuance of direction to give effect to the provisions contained in Rule 4 (2) of the Indian Police Service (Cadre) Rules, 1954 by reviewing the strength and composition of the senior posts read with Rule 9 (2) of the Indian Police Service (Recruitment) Rules, 1954.

(3.) This Court, on 30th July, 1981, passed the following order :