Tags Seniority

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5874-5875 of 2009, Judgment Date: Dec 18, 2014


                                                                "REPORTABLE"

                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION

                     CIVIL APPEAL NOS. 5874-5875 OF 2009


Kumod Kumar & another                                       ... Appellants

                                   versus

State of Jharkhand & others                                ... Respondents


                               J U D G M E N T


Jagdish Singh Khehar, J.

1.    Consequent upon their selection, the  appellants  were  inducted  into
the Police Department of the State of Bihar, by way of  direct  recruitment,
as Steno Sub-Inspectors of Police.   Appellant  no.  1  -  Kumod  Kumar  was
appointed as  such  on  10.4.1982.   He  joined  his  duties  on  13.4.1982.
Appellant no. 2 - Ramesh Kumar was appointed on 11.9.1985, and he joined  as
such on 16.9.1985.

2.    On 26.8.1989 and 11.6.1991, the appellants were taken  (on  reversion)
to the general line of the Police Department as  Sub-Inspectors  of  Police.
In this behalf it would be pertinent to mention,  that  induction  into  the
general  line  of  the  Police  Department  from  Steno  Sub-Inspectors   is
permissible, subject to the satisfaction of  the  eligibility  criteria,  as
also, consequent upon  the  selection  and  recommendation  by  the  Central
Selection Board.

3.    The seniority of the appellants in the general line of  Sub-Inspectors
of Police, was determined by the Police Department,  with  effect  from  the
date of their appointment to the general line of  Sub-Inspectors  of  Police
(on reversion).  This determination is not  acceptable  to  the  appellants.
They claim seniority in the general line of  Sub-Inspectors  of  Police  (on
reversion) with effect from the date of their initial appointment  into  the
Police Department, as Steno Sub-Inspectors  of  Police.   Therefore,  whilst
the appellants claim seniority in the  general  line  of  Sub-Inspectors  of
Police with effect from the dates  of  their  appointment  into  the  police
service, i.e., with effect from 10.4.1982/11.9.1985,  the  authorities  have
chosen to determine their seniority with effect  from  the  dates  of  their
appointment to the general line of  Sub-Inspectors  of  Police,  i.e.,  with
effect from 26.8.1989/11.6.1991.

4.    A challenge raised at the behest of  the  petitioners  (including  the
present appellants) in Writ Petition (S) no. 4272 of 2006  before  the  High
Court of Jharkhand at Ranchi (hereinafter referred to as, the  High  Court),
seeking seniority in the general line, with effect from the  date  of  their
appointment into the police service, was dismissed by a  Division  Bench  of
the High Court,  on  13.9.2007.   The  petitioners  (including  the  present
appellants) sought a review of the order dated 13.9.2007,  by  filing  Civil
Review no. 80 of 2007.  The review  petition  was  dismissed  on  23.1.2008.
The orders dated 13.9.2007 and 23.1.2008 were assailed by the appellants  by
filing special leave petitions.  Leave  was  granted  on  28.8.2009,  giving
rise to the present civil appeals.

5.    The first issue that arises for consideration in the determination  of
the controversy is, whether the posts of  Sub-Inspector  of  Police  in  the
general line of the Police Department, as also,  the  posts  of  Steno  Sub-
Inspector of Police belong to a common cadre.  An answer  to  the  aforesaid
query, would make a substantial headway, to the determination of  the  issue
in hand.  It is, therefore, that we shall venture to determine  the  instant
aspect of the matter first, before delving into the niceties arising out  of
the present controversy.

6.    The Bihar Police  Manual,  1978,  (hereinafter  referred  to  as,  the
Police Manual) was issued by the State Government under Sections  7  and  12
of the Police Act V, 1861.  There is no dispute  among  the  rival  parties,
that  the  provisions  contained  in  the  same  regulate  inter  alia,  the
conditions of service  of  personnel  of  the  Police  Department,  and  are
binding on all police personnel.  We shall, therefore, first advert  to  the
provisions contained in the Police Manual, and venture to answer the  query,
relating to the issue of cadre.

7.    Chapter 1A of the Police Manual, Volume I, delineates the  duties  and
responsibilities of  different  units,  category-wise,  in  respect  of  the
entire police work-force.  In Chapter 1A  aforementioned,  a  reference  has
been made to the "Bihar Fire Brigade Service" under Bihar Fire Service  Act,
1948, which is to function under the directions of the Inspector-General  of
Police, through the Chief Fire Officer.  The chapter also makes a  reference
to separate "Finger Print  and  Handwriting  Centres",  for  examination  of
finger prints and handwritings.  These centres carry  out  their  activities
under Directors, but in consonance with and under the control  of  a  Deputy
Inspector-General of Police, from  the  Criminal  Investigation  Department.
The chapter also makes a reference to the constitution  of  a  "Dog  Squad",
which is placed under the charge of a police officer of the rank  of  Deputy
Superintendent of Police,  who  is  to  work  under  the  directions  of  an
Inspector-General  and  a  Deputy   Inspector-General,   of   the   Criminal
Investigation  Department.   The  chapter  also  provides  for  a   separate
"Central Workshop of Police Transport".  Personnel of  the  above  workshop,
have the  responsibility  of  looking  after  the  vehicles  of  the  Police
Department.  The workshop is under the control of  an  Assistant  Inspector-
General, who is to function under the directions  of  an  Inspector-General.
A separate section of officers/officials is assigned the  responsibility  of
"Police  Communications".   These  officers/officials   work   in   wireless
centres, spread over the entire State.  Each wireless centre  is  under  the
control of a police officer of the rank of Superintendent of Police.   There
is also a "Statistical Section" in  the  Police  Department.   This  section
collects and records facts and figures  concerning  police  functioning,  in
the entire State.  The Statistical Section assists the office of  Inspector-
General in preparing various statistics.  There  is  also  a  "Police  Photo
Section", which  functions  under  the  Criminal  Investigation  Department.
Besides the above, there is  a  "Forensic  Science  Laboratory"  functioning
under the charge of Inspector-General of Police.  There is also  a  separate
"Clothing Store" at the central level of the Police Department, which  works
under the charge of a Deputy Superintendent or an Inspector (reserve).   The
Clothing Store functions under the overall control of an  Inspector-General.
 Chapter 1A, describes the police personnel aforesaid,  performing  distinct
duties and  responsibilities,  as  separate  units,  separate  centres,  and
separate cadres.  In sum and substance,  none  of  the  units,  centres  and
cadres referred to above, are considered to be  components  of  the  general
line of the police force.

8.    Insofar as the present controversy is concerned, clause  (9)  of  Rule
7A, under Chapter 1A, is of material significance, and is accordingly  being
extracted hereunder:-
"(9)  Miscellaneous  Force.--(a)  For  accounts,  correspondence  and  crime
record, there are Accountants, Head Clerks, Upper Division Clerks and  Lower
Division Clerks, etc.  who  are  attached  with  the  office  of  Inspector-
General, Deputy Inspector-General and Superintendent but they  are  not  the
members of the Police force.
(b)   There are Stenographers of the ranks of  Sub-Inspector  and  Assistant
Sub-Inspector who are posted in the Confidential Section of the  Offices  of
Inspector-General, Deputy Inspector General, Superintendent,  Assistant  and
Deputy Superintendent, etc."

A collective perusal of sub-clauses (a) and (b), of clause 9,  of  Rule  7A,
leaves no room for any doubt, that just like the other  units,  centres  and
cadres referred to in the foregoing  paragraph,  the  cadre  of  Steno  Sub-
Inspectors/Steno Assistant Sub-Inspectors is a cadre separate  and  distinct
from the general line of police personnel of the Police  Department.   Steno
Sub-Inspectors  and  Steno  Assistant  Sub-Inspectors  are  a  part  of  the
"Miscellaneous Force".  The above determination  is  further  affirmed  from
clause 3(e)(i) of Rule 7A, which is also being extracted hereunder:-
"7A.  For  the  performance  of  duties  and  discharge  of  liabilities  at
different levels and in different units the categorywise set  up  of  Police
force is as follows:-
3.    District Level-
(e)(i)      A circle  is  divided  into  Police-Stations.   A  sub-Inspector
holds the charge of each Police-Station.  For assistance  to  Sub-Inspector,
Junior Sub-Inspectors, Assistant Sub-Inspectors,  Havildars  and  Constables
are appointed."

A perusal of clause 3(e)(i) reveals  that  the  nature  of  duties  of  Sub-
Inspectors of Police belonging to the general line of the police force,  are
substantially  distinct   and   at   variance   insofar   as,   duties   and
responsibilities of the personnel belonging  to  the  "Miscellaneous  Force"
are concerned.

9.    On the cadre issue, reference may also be made to  Chapter  2  of  the
Police Manual, Volume I.  The same  delineates  the  duties  of  the  police
officers of all ranks.  The duties and responsibilities  described  therein,
have a reference to only police personnel belonging to the general  line  of
the police force.  There is no reference to duties  discharged  by  numerous
other personnel of the Police Department comprising of  the  units,  centres
and cadres referred to above.  There is, therefore, a clear indication  even
from Chapter 2, that the cadre of Sub-Inspectors of Police  in  the  general
line, is separate and distinct from the  other  cadres,  centres  and  units
referred to  above  (including  Steno  Sub-Inspectors/Steno  Assistant  Sub-
Inspectors).

10.   Chapter 20 of the Police Manual, Volume  I,  deals  with  appointments
and enrolments of police officers.  Rules  653  to  656  contained  therein,
deal with the issue of appointment of Sub-Inspectors in the general line  of
the Police Department.  Under Rule 653, the  above  process  of  appointment
has to be initiated by determining the vacancies in  each  district  of  the
Criminal Investigation/Intelligence Departments, which  would  further  lead
to an assessment of the number of vacancies  to  be  filled  up  by  way  of
direct recruitment and by promotion.  Rules 653 to 656  aforementioned,  are
being extracted hereunder:
"653. Sub-Inspectors.-(a) In July, the Inspector-General  will  intimate  to
each Deputy Inspector-General the  number  of  vacancies  allotted  to  each
district and the Criminal  Investigation/Intelligence  Departments  and  the
number to be filled by direct recruitment and by promotion of Assistant Sub-
Inspector [Rule 659(a)].  He will also indicate what  limitations,  if  any,
are to be observed as to the appointment of any particular sections  of  the
community.
(b)   In accordance with rule 659(a) vacancies up to  50  per  cent  may  be
filled  by  selection  from  the  rank  of  Assistant  Sub-Inspector.    The
remainder shall be filled in the manner laid down in the following rules.
(c)   A requisition shall be sent to Bihar Public Service Commission in  the
prescribed form in which the informations about the number of vacant  posts,
etc. shall be given.  The job of  holding  examination  for  recruitment  to
Class III  technical  and  non-technical  executive  and  supervisory  posts
(including Sub-Inspector) has been given to Bihar Public Service  Commission
as per article 320(1) of the Indian Constitution.

654.  Manner of selection - (a)  Notices in the form given in  the  Appendix
38 or any other form prescribed by Bihar Public Service Commission  will  be
printed and  supplied  by  them  for  wide  circulation  and  will  also  be
published in the Bihar Gazette and selected newspapers.  Candidates will  be
required to comply with the directions given in the notice.   The  help  and
interest of heads of schools and colleges shall be freely sought.
(b)   All applications shall be received by Bihar Public Service  Commission
which shall be entered in  the  candidates'  register  in  their  prescribed
form.
(c)   All candidates who are prima facie eligible for appointment  shall  be
required to appear for measurements and physical tests given in Appendix  38
at district/range headquarters before Superintendent/Range Deputy Inspector-
General or before any special committee specially set up for  this  purpose.
The list of candidates who satisfy these tests shall  be  furnished  to  the
Public  Service  Commission  who  shall  then  arrange  to  hold  a  written
competitive examination as in sub rule (e).
(d)   Against the names of those who are prima  facie  ineligible,  who  are
below standard measurement or who  fail  in  the  physical  tests  the  word
"rejected" with reasons will be written clearly in the candidates'  register
and the candidate shall be informed accordingly.
(e)   The written portion of the test referred to in (c)  shall  be  of  100
marks each in following subjects:-
        General   knowledge   (including   General   Science   and   Current
Affairs) and General Hindi  as  compulsory  subjects  and  two      optional
subjects to be selected from the list given in Appendix 38.

655.  Interview -  The  Public  Service  Commission  may  decide  to  select
persons for interview above a certain percentage of marks depending  on  the
number of  vacancies  available  and  usually  three  times  the  number  of
vacancies may be  called.   A  Deputy  Inspector-General  nominated  by  the
Inspector-General shall be included as an expert.

656.  Selections - (a)  The Public Service Commission shall select the  best
men for appointment for the post  of  (i)  Reserve  Sub-Inspector  of  armed
police, and (ii) Sub-Inspector of unarmed  police  separately  depending  on
the number of vacancies available.  While doing this,  it  is  to  be  noted
that for serial (i), the standard of physical tests is higher  as  given  in
Appendix 38.  Moreover candidates possessing certificates of National  Cadet
Corps and efficient in sports may be preferred for this post.
      For serial (ii), preference may be given to those  possessing  Diploma
or  degree  in  criminology.   The  Commission  will  bear   in   mind   the
desirability of maintaining also approximately  the  correct  percentage  of
scheduled castes and tribes as given in Appendix 40.
(b)    The  Deputy  Inspector-General  (Administration)  will  ensure   that
verification Rolls in P.M. Form no. 101 are issued in respect of  those  for
whom appointment  letters  are  going  to  be  issued.   For  this  purpose,
Superintendents may be  directed  to  get  in  touch  with  the  authorities
concerned for getting it expedited.  Thereafter,  the  candidates  shall  be
referred for medical test before the Civil Surgeon or Deputy  Superintendent
of Sadar Sub-divisional Hospital of the place where  the  candidate  resides
(see Rule 672).  On being declared fit in  P.M.  Form  no.  103  the  Deputy
Inspector-General will issue appointment letters to the selected  candidates
on advice  of  the  Commission  and  will  direct  them  to  report  to  the
Principal, Police Training College, on the date fixed generally in  January.
 A detailed list of the candidates appointed will at the same time  be  sent
to the Principal, Police Training College, together with  their  application
forms verification rolls, medical  and  other  certificates.   These  papers
will form a part of the candidates' appointment papers and will be  sent  to
the Superintendents of the districts to which they are  subsequently  posted
[for period of probation (see Rule 668)]."

The process of selection of Sub-Inspectors of Police in the general line  of
the police force, is to be conducted by the Bihar Public Service  Commission
(hereinafter referred to as, 'the Public Service Commission').   It  is  the
Public Service Commission, which advertises the vacancies to be  filled  up,
it is the Public Service Commission which receives applications, and  it  is
the  Public  Service  Commission  which  determines   the   eligibility   of
candidates on  the  basis  of  standard  measurements  and  physical  tests.
Therefore, it is the Public Service Commission which  conducts  the  written
test, and  finally,  holds  interviews.   The  aforesaid  process  has  been
expressed in Rule 654 of the Police Manual,  Volume  I.   Rule  656  of  the
Police Manual, Volume  I,  denotes  the  process  of  selection  for  direct
recruitment.  Rule 659 pertains to the process  of  promotion  of  Assistant
Sub-Inspectors to the rank of Sub-Inspector of Police, in the  general  line
of the police force.   It  is  necessary  to  emphasize,  that  the  instant
process  does  not  apply  to  appointments  to  the  cadre  of  Steno  Sub-
Inspectors/Steno Assistant Sub-Inspectors.

11.   The Bihar Police Manual, 1978, Volume  III  (hereinafter  referred  to
as, the Police Manual, Volume III) contains  102  appendices.   Appendix  42
thereof has the following heading, "Rules  for  the  recruitment,  training,
examination  and  posting  of  Steno  Sub-Inspector,  Steno  Assistant  Sub-
Inspector and Typist Assistant  Sub-Inspector  of  Police".   A  perusal  of
appendix  42  reveals,  that  the  process  of  appointment  of  Steno  Sub-
Inspectors/Steno  Assistant  Sub-Inspectors  is  to  be  initiated  by   the
Inspector-General.  As a first step, the Inspector General is  to  work  out
the number of vacancies in the  ranks  of  Steno  Sub-Inspectors  and  Steno
Assistant Sub-Inspectors.  On determining the  number  of  vacancies  to  be
filled up, he would decide the number of vacancies to be filled  up  by  way
of direct recruitment, and by promotion from the  rank  of  Steno  Assistant
Sub-Inspector.  Paragraphs 1 to  5,  11,  14  and  15  of  appendix  42  are
relevant  for  the  present  controversy  and  are   accordingly   extracted
hereunder:
"1.   In order to provide stenographers for all but the  lightest  districts
and for the railways and the offices  of  the  Deputy  Inspector-General  of
Police, the corps  of  trained  steno,  sub-inspectors  and  assistant  sub-
inspectors should be not less than 188 and 69 respectively.
2.    Every year in the month of July, the Inspector-General shall work  out
the number of vacancies in the  ranks  of  steno  sub-inspectors  and  steno
assistant sub-inspectors.  On the basis of these vacancies, he shall  decide
to make direct recruitment by the procedure  given  hereinafter  keeping  in
view the reservations for scheduled caste/tribe.  He will also decide as  to
what quota should be fixed for promotion from the rank  of  steno  assistant
sub-inspector to steno sub-inspector.
3.    Advertisement shall be made through Employment  Exchange  calling  for
application in P.M. Form no.  131  in  Hindi  (Devanagri  script)  (a)  from
persons trained in stenography, and (b) from persons not trained in  it  but
having aptitude for it.  Persons in category (b) should have good  knowledge
of Hindi and if possible of English who can be  enlisted  in  the  cadre  of
writer constables and then sent for further training in  stenography  either
free of cost in Police Training College or on payment in  C.M.S.  Commercial
Institute,  Bhagalpur  or  any  other  institute  preferably  of  Government
undertaking.  A sum of Rs. 8 shall be deposited  by  candidates  under  head
"055-Police-Other receipts" in Treasury Chalan, a copy of  which  should  be
attached with their application.  Candidates belonging to S.C./S.T. as  also
candidates from Police Department are exempted from payment of this fee.
(c)   Those who are already in Police Department may  also  be  eligible  to
apply if they are in category (a) without any age-limit.  For category  (b),
they should be preferably within the age-limits vide clause 5  but  officers
and men of S.C./S.T. may apply up to the age of 34 years.   Such  candidates
can apply in plain paper.
4.    The test of minimum speed for five minutes only for various ranks  are
given below:-

|       |             |Words per minute.                           |
|Sl. No.|Post         |                                            |
|       |             |Hindi                |English              |
|       |             |Dictation |Typing    |Dictation |Typing    |
|1      |Steno        |100       |35        |120       |40        |
|       |sub-inspector|          |          |          |          |
|       |, Class I    |          |          |          |          |
|2      |Steno        |80        |30        |100       |40        |
|       |sub-inspector|          |          |          |          |
|       |s (Class II  |          |          |          |          |
|       |passed)      |          |          |          |          |
|3      |Steno        |70        |25        |80        |35        |
|       |sub-inspector|          |          |          |          |
|       |(Class II    |          |          |          |          |
|       |unpassed)    |          |          |          |          |
|4      |Steno        |50        |20        |60        |30        |
|       |assistant    |          |          |          |          |
|       |sub-inspector|          |          |          |          |
|5      |Typist       |...       |30        |...       |40        |
|       |assistant    |          |          |          |          |
|       |sub-inspector|          |          |          |          |

10 per cent mistakes in each subject should be condoned.
5.    The standard of  educational  qualifications,  measurements,  age  and
physical tests shall be the same in case of steno sub-inspector  as  is  for
sub-inspector (unarmed), vide rule 658 and for  steno  or  typist  assistant
sub-inspectors, those of constables,  vide  rule  663.   In  suitable  cases
relaxation in height and chest may be done by Dy. I.G., Admin. up to 1"  and
by the Inspector-General up  to  2".   In  case  of  scheduled  caste/tribe,
further relaxation may be done by 1".  All candidates shall  be  allowed  to
appear in test of shorthand dictation/typing and  after  that  they  may  be
required to appear in physical tests meant for respective  ranks.   However,
suitable candidates may be exempted from these tests.  The candidates  shall
be appointed by the Central Selection Board  [Appendix  72(2)].   They  will
serve as stenographers for a period  of  5  years,  after  which  they  will
ordinarily revert to district work but before that they  shall  undergo  the
usual course of training at the Police Training College for ordinary  Police
duties.  The Inspector-General  shall  be  at  liberty  to  retain  them  as
stenographers for a longer period where necessary.
                    xxx              xxx              xxx
11.   Steno sub-inspectors and assistant sub-inspectors will be allotted  to
the ranges by the  Inspector-General.   The  Deputy  Inspector-General  will
then  distribute  them  among  districts  within  their  ranges  as  may  be
necessary.
                    xxx              xxx              xxx
14.   The primary object to be aimed at  is  the  provision  of  a  body  of
trained stenographers capable of reporting verbatim a  speech  delivered  in
Hindi, for which a speed varying from 120  to  160  words  in  a  minute  is
necessary. Page 671 Superintendents should bear this in mind  and  see  that
work is arranged with a view to attain that object. They should also  ensure
that stenographers are made to do regular daily practice by having  passages
dictated to them on days on which they have not,  in  the  course  of  their
duties, had to take down sufficient to keep them up to the mark.
15.   The appointment of  steno  sub-inspector/assistant  sub-inspector  and
typist assistant sub-inspector shall be  done  by  Deputy  Inspector-General
under Police Act. They shall wear Police uniform but shall not  use  any  of
the powers of police so long as they work as stenographers and typist."

For direct recruitment, an advertisement  has  to  be  issued,  through  the
employment exchange,  calling  for  applications  from  persons  trained  in
stenography.   The  process  of   selection   contemplates,   a   test   for
ascertaining  whether  the  candidates  qualify   the   minimum   speed   in
stenography  (prescribed  for  different  ranks  of   stenographers).    All
candidates are to be allowed to appear in the test  of  shorthand  dictation
and typing, whereafter,  they  are  required  to  appear  in  a  variety  of
physical tests meant for the respective ranks for  which  the  selection  is
being conducted.  Paragraph 5 of  appendix  42,  however,  exempts  suitable
candidates from these tests.  The appointment to the  cadre  of  Steno  Sub-
Inspectors/Steno Assistant Sub-Inspectors is  to  be  made  by  the  Central
Selection Board.  Paragraph 5 aforementioned, also envisages the  relaxation
of physical standards  postulated  for  Sub-Inspectors  and  Assistant  Sub-
Inspectors of Police (of the general line).  Height and  chest  requirements
are relaxable by 1 inch (2 inches,  for  scheduled  caste/tribe  candidates)
and 2 inches (3 inches for scheduled caste/tribe  candidates)  respectively.
No such relaxation is contemplated for appointment to the  general  line  of
the police force Department.   Paragraph  5  of  appendix  42  contained  in
Police Manual, Volume III provides, that after serving for  a  period  of  5
years, Steno  Sub-Inspectors  and  Steno  Assistant  Sub-Inspectors  can  be
appointed (on reversion) to the general line of the Police  Department.   It
is however mandated, that before such reversion, they would have to  undergo
the usual course of training at the Police Training  College,  for  ordinary
police duties.  Paragraph 14 of appendix 42 narrates the primary object  for
recruiting trained stenographers.  Paragraph 15 extracted above,  leaves  no
room for any doubt, that even though  Steno  Sub-Inspectors/Steno  Assistant
Sub-Inspectors are permitted to wear police uniform, they are not  permitted
to discharge "police duties".

12.   A perusal of the different provisions from the Police Manual  reveals,
that the Police Department is comprised of personnel belonging  to  distinct
and separate units, centres and cadres.   These  separate  entities  in  the
Police Department are described  differently  as  "Fire  Brigade  Services",
"Finger Print and Handwriting Centres", "Dog Squad",  "Central  Workshop  of
Police Transport", "Police Communication",  "Statistical  Section",  "Police
Photo   Section",   "Forensic   Science   Laboratory",   "Clothing   Store",
"Miscellaneous Force", "Missing Persons Bureau", "Juvenile Aid Bureau"  etc.
 The above referred  units,  centres  and  cadres  do  not  perform  "police
duties".  Only police personnel belonging to the general line of the  police
force, perform police duties.  Insofar as  the  process  of  recruitment  is
concerned, the responsibility of selection and appointment to the  ranks  of
Sub-Inspector of Police and Assistant Sub-Inspector of Police  belonging  to
the general line,  is  vested  with  the  Public  Service  Commission.   For
recruitment to the general line, the prescribed physical standards  are  not
relaxable.   Insofar  as  the  Steno  Sub-Inspectors/Steno  Assistant   Sub-
Inspectors are concerned, their recruitment is postulated  separately  under
appendix 42 contained in the Police Manual, Volume III.   The  selection  to
the Stenographers' cadre, is made through a  Central  Selection  Board  (and
not by the Public Service Commission, as in the case of the  general  line).
The physical standards prescribed are relaxable for those inducted as  Steno
Sub-Inspectors/Steno Assistant Sub-Inspectors.  The  above  is  an  in-house
process  of  selection.  After  Steno  Sub-Inspectors/Steno  Assistant  Sub-
Inspectors  have  rendered  5  years'  service,  they  become  eligible  for
appointment (on reversion) to the general line  of  the  Police  Department.
It is imperative for those appointed (on reversion) to  undergo  the  police
training  postulated  for  Sub-Inspectors/Assistant  Sub-Inspectors  of  the
general line on their induction into the Police Department.  The service  of
5  years  rendered  by  them,  therefore,  does  not  by  itself  constitute
sufficient satisfactory training for induction into the general line of  the
police force.  The comparative analysis of selection and appointment of Sub-
Inspectors/Assistant Sub-Inspectors of Police in the general line, and  that
of Steno Sub-Inspectors/Steno Assistant Sub-Inspectors, leaves no  room  for
any doubt, that those inducted into the general line of  the  police  force,
constitute a separate and distinct cadre,  as  against  those  recruited  as
Steno Sub-Inspectors/Steno Assistant Sub-Inspectors  in  the  "Miscellaneous
Force"  of  the  Police  Department.   The  above  conclusion  gets  further
credence from the fact, that the  duties  which  Steno  Sub-Inspectors/Steno
Assistant  Sub-Inspectors  discharge,  are  totally  dissimilar   from   the
responsibilities assigned to Sub-Inspectors/Assistant Sub-Inspectors in  the
general line of the police  force.   While  the  former  are  assigned  only
stenography work, the latter perform traditional police duties.

13.   In view of the above, we are satisfied in  recording  the  conclusion,
that Steno Sub-Inspectors/Steno Assistant Sub-Inspectors are  a  part  of  a
different cadre vis--vis  Sub-Inspectors/Assistant  Sub-Inspectors  of  the
general line.  We hereby, therefore endorse the view expressed by  the  High
Court,  in  the  impugned  orders.   We  shall  now  examine  the  different
submissions advanced on behalf of the appellants.

14.   The first contention advanced at the hands of the learned counsel  for
the appellants was based on a communication addressed by the  Government  of
Bihar, Political Department (Police Branch), to  the  Inspector  General  of
Police, Bihar, dated 4.9.1953.  Since substantial emphasis was laid  on  the
aforesaid communication, the same is being extracted hereunder:

"Sub.:-  Establishment of a new cadre of Steno-S.Is.  and  Steno-A.S.Is.  in
the Police Department
Sir,
      I am directed to refer to the correspondence resting with your  letter
no. 1134A/K.W.-I-I-13-47 dated 30/31.5.52 and to say that,  in  supersession
of the orders contained in Mr. Naqavi letter  no.  2562PP,  dated  the  27th
May, 1947, Government have been pleased  to  approve  your  scheme  for  the
replacement of the existing  cadre  of  stenographer-clerks  in  the  Police
Department by a new cadre of Steno Sub-Inspectors and Steno  Assistant  Sub-
Inspectors, as prescribed below:-
2.    The new  cadre  will  consist  of  the  same  number  of  posts  (both
permanent and temporary)  as  are  sanctioned  for  the  existing  cadre  of
Stenographer-clerks  including  leave  reserve  posts.    The   Steno   Sub-
Inspectors will draw pay in  the  scale  of  Rs.100-5-130-EB-6-190  and  the
Steno A.S.Is. will draw pay in the scale of Rs.50-2-90 sanctioned  for  Sub-
Inspectors and Asstt. Sub-Inspectors of Police respectively.
3.    The existing Stenographer-clerks, class  II  attached  to  the  Deputy
Inspectors General of Police should be designated  as  Steno  Sub-Inspectors
and will draw pay in the scale of Rs.100-5-130EB-6-190 if they  have  passed
the Secretariat Stenographer class  II  examination.   Those  who  have  not
passed the above examination will draw pay in the scale of  Rs.75-2-85,  and
will not be absorbed as Steno Sub-Inspectors until they become eligible  for
the scale of Rs.100-5-130EB-6-190.  But they  may  start  on  Rs.85  if  the
D.Is.G. consider that they  have  got  satisfactory  speed  in  shorthand  &
typewriting.
4.    The existing  Stenographer-clerks  attached  to  the  Superintendents,
Asstt. Superintendents  and  Deputy  Superintendents  of  Police  should  be
designated as Steno-A.S.Is. and will continue  to  draw  pay  in  the  scale
Rs.50-2-70-EB-2-90 plus the  special  pay  admissible  to  a  passed  or  an
unpassed Steno-clerk.
5.    The Steno Sub-Inspectors and Steno Assistant  Sub-Inspectors  will  be
enrolled under the Police Act.  While employed on the work  of  stenographer
they will not exercise any police powers.  They will not be entitled to  any
conveyance, house rent or uniform allowance as are  admissible  to  ordinary
S.Is. and Assistant Sub-Inspectors of Police in the general line.
6.    The  Steno  Sub-Inspector  will  be  recruited  on  the  result  of  a
competitive examination in the  same  manner  as  other  Sub-Inspectors  are
recruited.  The minimum qualifications for a  candidate  appointed  to  this
rank will be an intermediate standard.  They will undergo a special test  of
shorthand and typewriting and must  display  in  both  speed  and  accuracy,
minimum standards to be fixed by  the  Inspector-General  of  Police,  Bihar
from time to time.
7.    They will serve as Steno Sub-Inspector for about 5 to 7 years  and  if
found suitable they will be eligible for absorption in the general  line  as
S.I. of Police.  Their reversion to general  line  will  take  effect  after
their selection  by  the  Central  Selection  Board  co-existing  of  Deputy
Inspectors General of Police.
8.    The Steno Assistant Sub-Inspector will also  be  appointed  by  direct
recruitment  after  a  competitive  examination  and  interview  by  Central
Selection Board.  The minimum qualification for a  candidate  recruited,  in
this rank will be a matriculation certificate or  equivalent  thereto.   All
the candidates thus selected will be required to  pass  a  special  test  in
shorthand and typewriting  as  laid  down  for  Steno  S.Is.   The  physical
standard will  be  the  same  as  for  other  A.S.Is.  appointed  by  direct
recruitment.
9.    On appointment as Steno Assistant Sub-Inspectors, they  will  continue
as such for 5 to 7 years.  Thereafter, if  they  are  found  suitable,  they
will be eligible for absorption in the general line as  A.S.Is.  of  Police.
Their reversion to general line will take  effect  their  selection  by  the
Central Selection Board consisting of Deputy Inspectors General  of  Police.
The Steno Assistant Sub-Inspectors after promotion to the rank of Steno Sub-
Inspectors may be absorbed in  the  permanent  cadre  of  Sub-Inspectors  of
Police.
10.   The Steno Sub-Inspectors and Steno Assistant Sub-Inspectors, on  their
absorption in the corresponding rank in the general line  will  be  required
to undergo a course of training at the Police Training College,  Hazaribagh,
before they are employed on regular duties of the general line.
11.   The existing Steno-clerks on their absorption as Steno  Sub-Inspectors
or Steno Assistant Sub-Inspectors, as the case  may  be,  will  count  their
seniority vis--vis the officers of  the  general  line  from  the  date  of
appointment as Steno Sub-Inspectors or Steno Assistant Sub-Inspectors.
12.   The existing incumbents will be  appointed  as  Steno  Assistant  Sub-
Inspectors  and  Steno  Sub-Inspectors  after  they   have   satisfied   the
conditions now imposed for  their  recruitment  and  after  they  have  been
interviewed and found suitable by a Selection Board consisting of  not  less
than 3 Deputy Inspectors General of Police.  Those existing  incumbents  who
are unwilling or found unsuitable for appointment as  Steno  Assistant  Sub-
Inspectors and Steno Sub-Inspectors will continue to remain as  Steno-clerks
on their existing scale of pay.
13.   Proposals for amendment of the Police Manual  Rules  may  be  sent  to
Government in due courses.
14.   The Accountant-General Bihar has been informed."
                                                          (emphasis is ours)

Based on the position expressed  in  paragraph  11  of  the  afore-extracted
communication dated 4.9.1953, it was the vehement contention of the  learned
counsel for the appellants, that on their absorption (on  reversion),  Steno
Sub-Inspectors/Steno Assistant Sub-Inspectors, would count  their  seniority
vis--vis the  officers  of  the  general  line,  from  the  date  of  their
appointment as Steno Sub-Inspectors/Steno Assistant Sub-Inspectors.  It  was
further the contention of the learned counsel for  the  appellants,  that  a
perusal of paragraph 13 of the  communication  reveals,  that  the  proposal
expressed in paragraph 11 (of the above communication),  was  acceptable  to
the State Government, and  that  the  above  acceptability  extended  to  an
assumption of the Government's approval for an appropriate amendment to  the
provisions contained in the Police Manual as well.

15.   We have given our thoughtful consideration  to  the  first  contention
advanced at the hands of the learned counsel for the appellants.  First  and
foremost, a perusal of the subject of the aforesaid  communication  reveals,
that  the   Steno   Sub-Inspectors/Steno   Assistant   Sub-Inspectors   were
recognized as a separate and distinct cadre for the Police Department.   Not
only the subject of the communication, but also its paragraph 1,  visualizes
the creation of separate cadre of Stenographers.   Secondly,  the  cadre  of
Steno Sub-Inspectors/Steno Assistant Sub-Inspectors was to  be  created  out
of  the  existing  cadre  of  Stenographer-clerks.   Paragraph  5   of   the
communication denotes, that the cadre of Stenographers contemplated  in  the
communication, would not  discharge  any  police  functions  vested  in  the
general line.   Paragraph  6  recognises  the  fact,  that  the  Steno  Sub-
Inspectors/Steno Assistant Sub-Inspectors would be  recruited  in  the  same
manner as other Sub-Inspectors/Assistant Sub-Inspectors of Police.   Despite
thereof, paragraphs 7 and 9 clearly postulate, that they would  be  entitled
to  absorption  in  the  general  line  as   Sub-Inspectors/Assistant   Sub-
Inspectors only if they are found suitable.  Paragraphs 7  and  9  envisage,
that their reversion to the general cadre  would  take  effect  after  their
selection by the Central Selection Board.   Paragraphs  7  and  9  therefore
clearly expound, that for the purpose of their appointment  in  the  general
line,  the  date  of  appointment  would  not  be  their  original  date  of
appointment to  the  cadre  of  Steno  Sub-Inspectors/Steno  Assistant  Sub-
Inspectors, but would be "after their selection  by  the  Central  Selection
Board". Paragraph 10 of the communication dated  4.9.1953  postulates,  that
Steno Sub-Inspectors/Steno Assistant Sub-Inspectors, if found  suitable  for
absorption in the general line, would be required  to  undergo  training  at
the Police Training College, before they are  deployed  for  duties  of  the
general  line.   None  of  the  foregoing  aspects   contemplated   in   the
communication dated 4.9.1953, lends credence to the submission  advanced  at
the hands of the learned counsel for the appellants,  namely,  that  on  the
absorption of Steno Sub-Inspectors/Steno  Assistant  Sub-Inspectors  in  the
general line of the Police Department, they would be entitled  to  seniority
with reference to the date of their induction into  the  police  service  in
the stenographers cadre.

16.   The position recorded by us in the foregoing paragraph, does not  take
into consideration the pointed submission  advanced  at  the  hands  of  the
learned counsel for the appellants.  In his submission, learned counsel  had
placed reliance only on paragraph 11 of the  communication  dated  4.9.1953.
It is not possible for us to  accept,  that  the  appellants  can  seek  any
benefit from the  contents  of  paragraph  11  of  the  communication  dated
4.9.1953.  Paragraph 11 aforementioned was  made  applicable  only  to  "The
existing steno-clerks on their absorption as Steno Sub-Inspectors  or  Steno
Assistant  Sub-Inspectors...  will  count  their  seniority  vis--vis   the
officers of the general line from the date  of  appointment  as  Steno  Sub-
Inspectors or Steno  Assistant  Sub-Inspectors".   The  appointment  of  the
appellants into the Police Department came about decades after the  issuance
of the communication dated 4.9.1953.  The appellants were inducted into  the
Police  Department  by   way   of   direct   recruitment   as   Steno   Sub-
Inspectors/Steno Assistant Sub-Inspectors, they were not shown to have  ever
held the post of Steno-clerks.  It would be pertinent to mention,  that  the
cadre of Steno Sub-Inspectors/Steno  Assistant  Sub-Inspectors  was  created
out of the existing cadre  of  Stenographer-Clerks.   Therefore,  terms  and
conditions postulated (in the letter dated 4.9.1953) with reference  to  the
Steno-Clerks, cannot be extended  to  Steno  Sub-Inspectors/Steno  Assistant
Sub-Inspectors. Therefore, per se paragraph 11 of the letter dated  4.9.1953
is inapplicable to the controversy in hand.  Because the appellants  cannot,
describe  themselves  as  "existing"  Steno-Clerks,   when   the   aforesaid
communication  was  issued,  the  communication  dated  4.9.1953,   in   our
considered view, is wholly irrelevant/inapplicable to the  claim  raised  on
behalf of the appellants. Paragraph 11, at best, afforded  a  protection  to
Steno-Clerks  who  had  been  inducted  into  the  service  of  the   Police
Department prior  to  the  creation  of  a  separate  cadre  of  Steno  Sub-
Inspectors/Steno Assistant Sub-Inspectors. Interpreted in the above  manner,
it is  apparent,  that  the  aforesaid  benefit  would  not  flow  to  those
appointed  to  the  Stenographers'  cadre  after   the   issuance   of   the
communication dated 4.9.1953, or alternatively, after the  incorporation  of
the proposals accepted by the State Government (in the  communication  dated
4.9.1953), through the suggested amendment in  the  existing  provisions  of
the Police Manual.  In the above view of the matter, we  find  no  merit  in
the first contention advanced at the hands of the learned  counsel  for  the
appellants.

17.   The  second  contention  advanced  by  the  learned  counsel  for  the
appellants was premised on the fact, that there were no  existing  statutory
rules on the basis  whereof  the  seniority  of  Steno  Sub-Inspectors/Steno
Assistant Sub-Inspectors can/could be determined, on  their  absorption  (on
reversion), as Sub-Inspectors/Assistant Sub-Inspectors in the general  line.
 In the above situation, it was the contention of the  learned  counsel  for
the  appellants,  that  reference  needs  to  be  made   to   the   existing
administrative instructions on the subject of seniority.   In  this  behalf,
learned counsel for the appellants has  invited  our  attention  to  general
principles laid down by the Department of Personnel,  Government  of  Bihar,
for fixing the inter se seniority in  service,  through  instructions  dated
26.8.1997.  Learned counsel has placed emphatic reliance on paragraph  (iii)
thereof, which is being reproduced hereunder:-
"iii. Where an incumbent is transferred from one service to another  on  his
own request, services rendered by him in the previous post shall  not  count
for seniority.  But in case such transfer follows a  policy  decision  taken
by  Government,  his  services  in  the  previous  post  shall   count   for
seniority."

It was the submission of the learned counsel for the  appellants,  that  the
appellants were not transferred from the cadre of  Steno  Sub-Inspectors  to
the general line, against the post of Sub-Inspectors in  the  police  force,
on their own request.  Relying on the manner  of  determining  seniority  in
the departmental instructions dated 26.8.1997, it was  submitted,  that  the
previous service rendered by the appellants (in the cadre of  Stenographers)
was liable to be "counted",  while  determining  their  seniority,  for  the
simple reason, that they had not made any request for their appointment  (on
reversion) to the  general  line.   It  was  submitted,  that  only  when  a
transfer is made on request, the service rendered  by  an  employee  on  the
previous post is  not  to  be  taken  into  consideration,  for  determining
seniority.  Since that is not the case here, it is  the  contention  of  the
learned counsel for the appellants, that the  appellants  were  entitled  to
count the service rendered by them in the Stenographers'  cadre,  consequent
upon their appointment (on reversion) to the general line.

18.   The contention advanced at the hands of the learned  counsel  for  the
appellants, as has been noticed in the foregoing paragraph, was  refuted  by
the learned counsel representing the respondents.  It was the submission  of
the learned counsel for the respondents, that the reason which prompted  the
authorities to provide for appointment (on  reversion)  from  the  cadre  of
Stenographers, to the general line of the Police Department, was that  there
were no promotional avenues  in  the  Stenographers'  cadre,  and  as  such,
career progression was provided for those in  the  Stenographers'  cadre  by
way of absorption (on reversion) to the  general  line.   In  the  aforesaid
background, it was contended, that the appellants cannot  be  held  entitled
to the benefit  of  past  service  (in  the  cadre  of  Stenographers),  for
determining seniority in the general line of the police force. It  was  also
the contention  of  the  learned  counsel  for  the  respondents,  that  the
appointment under reference cannot be deemed to be an  appointment  made  by
way of transfer, and as such  the  instructions  dated  26.8.1997  would  be
inapplicable to the case in hand.

19.   We have given our thoughtful consideration to  the  second  contention
advanced at the hands of the learned counsel  for  the  appellants.   It  is
necessary for us to extract hereunder paragraph 17 of  the  impugned  order.
The same is accordingly reproduced hereunder:-
"17.  One more aspect of the matter  also  indicates  that  these  posts  of
Steno Sub-Inspectors and general cadre Sub-Inspectors are  separate/distinct
cadres.  It is an admitted fact that in view of lack of promotional  avenues
in the cadre of Steno Sub-Inspector of Police a special  scheme  was  framed
by the State Government to allow the Steno Sub-Inspector Police to  come  to
the general line of Sub-Inspector after completing minimum  service  of  5-7
years, subject to suitability and physical fitness.  On  being  selected  in
the general line of Sub-Inspector of Police, Steno Sub-Inspector  of  Police
was require  to  undergo  the  requisite  Police  training  and  only  after
successful completion of the training, he (Steno  Sub-Inspector  of  Police)
is inducted into the cadre  of  general  line  sub-Inspector  of  Police  to
enable him to avail the promotional avenues thereafter.  Thus, it  is  clear
that the post of Steno  Sub-Inspector  of  Police  belongs  to  an  entirely
different cadre."

In our considered view, as a general proposition,  in  the  absence  of  any
express provision, there can be no dispute whatsoever, that consequent  upon
appointment by way of transfer, a  transferred  employee  who  acquires  the
right to hold an equivalent post  in the exigency of  service  or  in  pubic
interest, is entitled for the determination of his seniority, to  count  the
period of service rendered by him against the  erstwhile  post,  along  with
the period of service rendered by him in the  post  to  which  he  has  been
transferred.  The situation herein is however  different.   The  appointment
of the appellants (on reversion)  is  neither  in  public  interest  nor  in
exigency of service. The  appellants'  appointment  (on  reversion)  to  the
general line, is for the benefit of the  appellants  (who  belonged  to  the
Stenographers' cadre), on  account  of  lack  of  promotional  avenues.   An
employee  who  accepts  to  participate  in  the  process  of  selection  to
determine his suitability,  as  contemplated  in  the  provisions  extracted
hereinabove,  cannot  be  allowed  to  contend  that  his  appointment   (on
reversion) to the general line, was  on  account  of  the  employer's  will.
Having participated in the process of  selection,  the  appellants  will  be
deemed to have sought and opted for their appointment (on reversion) to  the
general line of the police force.  It is only on the  determination  of  the
incumbent's suitability, through a selection  process,  that  an  individual
from the Stenographers' cadre, will gain entry into the general line of Sub-
Inspectors/Assistant Sub-Inspectors of Police.  Such appointment is  neither
in public interest nor in the exigency of service.  Furthermore, it  is  not
possible for us to accept, that appointment (on reversion)  contemplated  in
the present case, can be equated with an appointment by way of transfer,  as
generally understood. Stricto senso, therefore, it is not  possible  for  us
to accept, that the appointment of the appellants  from  the  Stenographers'
cadre would  fall  within  the  regime  contemplated,  under  the  extracted
clause, relied upon by the learned counsel  for  the  appellants  (from  the
departmental instructions, dated 26.8.1997).

20.   General principles of service law jurisprudence are  applicable,  only
in  situations  wherein  there  are   no   express   rules   governing   the
determination of seniority.  We would venture to express the legal  position
on the basis of a sample illustration.   Take  for  instance,  the  post  of
Constable.  In the police department, the cadre  of  Constables  is  at  the
District level.  Persons holding the same post would, therefore,  be  placed
in separate and distinct District cadres (depending upon their  recruitment,
to a particular District).  Each District cadre of Constables, will  have  a
separate seniority list.  In terms of seniority, Constables in one  District
cadre, would not be  comparable  with  other  Constables  in  the  remaining
District cadres.  Even though the post  is  the  same,  if  a  Constable  is
transferred "at his own request/option" from one  cadre  to  another,  i.e.,
from District "A" to District "B", he would be placed at the bottom  of  the
seniority of the cadre to which he is transferred, i.e., at  the  bottom  of
the seniority of Constables in  District  "B".   He  would  not  legally  be
entitled to count his seniority with reference to the date of his  induction
into the service of the police department as a Constable.  This is the  true
purport of the departmental instructions (dated  26.8.1997).   The  position
would be quite different  in  case  a  Constable  is  transferred  from  one
district cadre to another  district  cadre  in  public  interest  and/or  on
account of a  policy  decision.   In  such  a  situation,  even  though  the
Constable is transferred to  another  cadre,  i.e.,  from  District  "A"  to
District "B", he would legally be  entitled  to  count  his  seniority  with
reference to the original date  of  his  appointment  against  the  post  of
Constable in District "A" while determining his seniority in  District  "B".
The above illustration would be clearly inapplicable in case a person  holds
          post - say "X", is appointed (say, on reversion) to  another  post
- say "Y", after participating in a selection process.  When  an  individual
moves from post "X" in a particular cadre to post "Y" in another cadre,  the
principle relied upon by the learned counsel for the  appellants,  would  be
inapplicable.  As in  the  present  case,  the  appellants  were  originally
inducted  into  the  Police  Department  to  the   cadre   of   Steno   Sub-
Inspectors/Steno Assistant Sub-Inspectors and thereafter, were appointed  on
reversion to the cadre of Sub-Inspectors/Assistant Sub-Inspectors of  Police
in the general line of  the  Police  Department.   Herein,  the  appointment
contemplated  is  from  a  different  post   with   different   duties   and
responsibilities,  to  another  separate  and  distinct  post  with   wholly
different  duties  and  responsibilities.   This  appointment   contemplates
shifting from one cadre to a different cadre.  This appointment is  preceded
by a process of selection, to be conducted by the Central  Selection  Board.
Herein,  in  the  absence  of  statutory  rules  and/or  express   executive
instructions, the transferee would not be entitled to count  the  period  of
service rendered by him in the former post, on the basis  of  the  principle
invoked by the learned counsel  for  the  appellants.   In  the  submissions
advanced by the learned counsel for the appellants, he  seeks  to  refer  to
the factual position in the latter illustration, but desires  to  apply  the
principle contemplated in the former situation.   It  is  only  because  the
submissions  advanced  at  the  hands  of  the  learned  counsel   for   the
appellants,  deserved  to  be  clarified,  that  we  have  demonstrated  the
position through the illustration referred to hereinabove.  In view  of  the
above, we are satisfied that the claim  of  the  appellants,  based  on  the
second contention advanced at the hands  of  the  learned  counsel  for  the
appellants, is clearly untenable.  It is so, not only because of  the  legal
position depicted hereinabove, but also because, the general  principles  of
seniority applicable  to  transfers,  are  inapplicable  to  the  facts  and
circumstances of the case in hand.

21.   The statutory  rules  referred  to  in  the  Police  Manual  expressly
postulate, that appointment of those absorbed (on reversion) to the  general
line, will be determined on their selection by the Central Selection  Board.
    The  transfer  contemplated  in  the  departmental  instructions,  dated
26.8.1997, is therefore not relateable to the  appointments  (on  reversion)
contemplated in the present case.  It is therefore not possible  for  us  to
refer to the general principles laid down by the  Department  of  Personnel,
dated 26.8.1997, to draw any conclusion in respect  of  the  controversy  in
hand.  We are also in agreement with the submission advanced by the  learned
counsel for  the  respondents,  that  it  is  not  justified  to  treat  the
appointment of the appellants to the general line of the Police  Department,
as  an  appointment  by  way  of  transfer.   For   the   reasons   recorded
hereinabove, we find no merit in the second contention.

22.   The third contention of the learned counsel  for  the  appellants  was
based on earlier judgments rendered  on  the  issue.   First  and  foremost,
reliance was placed by the learned counsel for the appellants on a  judgment
rendered by a Division Bench of the High Court of Patna  in  Bhagwat  Prasad
Singh v. Bhudeo Tiwari (C.W.J.C. No.6371 of 1990, decided on 2.7.1993).   In
the judgment  relied  on,  the  petitioners  were  inducted  as  Steno  Sub-
Inspectors of Police.  They joined as such on  1.3.1967.   Subsequently,  on
their "option", they were absorbed  and  confirmed  in  the  cadre  of  Sub-
Inspectors of Police, in the general line with effect  from  2.1.1969.   The
petitioners in the  above  case  desired  to  be  placed  above  the  direct
recruits to the cadre of Sub-Inspectors of Police in the general  line,  who
were appointed on 2.1.1969.  While adjudicating upon  the  controversy,  the
High Court categorically arrived at the conclusion, that the cadre of  Steno
Sub-Inspectors of Police, was entirely different  from  the  cadre  of  Sub-
Inspectors of Police in the general line.  Thereupon,  for  the  purpose  of
determining the petitioners' seniority with effect from the  date  of  entry
into the police service (as prayed  for  by  them),  the  High  Court  first
placed  reliance  on  a  Government  circular  of  1972  laying  down  rules
governing general principles  and  procedures  for  fixation  of  seniority,
wherefrom it inferred, that  when  an  incumbent  is  transferred  from  one
service to another "on his own request", service  rendered  by  him  in  the
previous post would not count for seniority.  But it was also noticed,  that
in  case  such  transfer  is  based  on  a  policy  decision  taken  by  the
Government, the concerned employee's service in  the  previous  post,  would
count  towards  seniority.   The  High  Court,  while  recording  the  above
conclusion, also relied upon the decision rendered by this Court  in  Direct
Recruit, Class II Engineering Association v. State of Maharashtra, AIR  1990
SC 1607 to infer, that  once  an  incumbent  was  appointed  to  a  post  in
accordance with the rules, his seniority had to be counted from the date  of
his appointment,  and  not  from  the  date  of  his  confirmation.   It  is
thereupon that the High Court recorded the following conclusion:

"11.  Keeping in view the facts of  the  present  case  and  the  principles
governing determination of seniority it has to be held that for the  purpose
of determining inter se seniority of the petitioners and respondent  nos.  1
to 19, the respective dates of entry/appointment of  these  persons  in  the
cadre of Sub-Inspector of Police can be the only relevant basis and  neither
the date of first appointment of the petitioners in another  cadre  nor  the
date of confirmation of the respondents on their respective post is  of  any
consequence for the said purpose.  Accordingly, in our opinion, there is  no
merit in this writ application which is accordingly dismissed..."

23.   Learned counsel for the appellants then  placed  reliance  on  another
judgment rendered by the High Court of Patna in Surya Nath  Singh  v.  State
of Bihar (C.W.J.C. No.11211 of 2003, decided on 30.3.2006).   Herein  again,
the petitioners in a set of writ  petitions  disposed  of  collectively  had
joined the State Police Department as Steno  Sub-Inspectors/Steno  Assistant
Sub-Inspectors.  Consequent upon their appointment (on  reversion)  as  Sub-
Inspectors/Assistant Sub-Inspectors  in  the  general  line  of  the  police
department, they claimed their seniority in the general  line,  with  effect
from the date of their induction into the police department  as  Steno  Sub-
Inspectors/Steno Assistant Sub-Inspectors.  It was  their  contention,  that
the earlier decision rendered by the High Court in  Bhagwat  Prasad  Singh's
case (supra) was wrongly decided.  Even in the instant case, the High  Court
arrived at the conclusion, that  the  posts  of  Steno  Sub-Inspectors/Steno
Assistant  Sub-Inspectors  and  those   of   Sub-Inspectors/Assistant   Sub-
Inspectors in the general line belonged to two distinctly  separate  cadres,
and hence, the service rendered by the petitioners in  the  cadre  of  Steno
Sub-Inspectors/Steno Assistant Sub-Inspectors  being  in  a  separate  cadre
could not be taken into account for  determining  their  seniority,  in  the
cadre of  Sub-Inspectors/Assistant  Sub-Inspectors  (on  reversion)  to  the
general line.  On an analysis of the decisions relied upon at the behest  of
the petitioners, the High Court arrived at the following conclusions:
"13.  On a consideration of the two decisions  in  Girish  Pandey  and  B.P.
Singh and the relevant provisions of Appendix of the Bihar Police Manual,  I
came to the following conclusions:-

Posts of Steno Sub Inspector/Steno Assistant Sub Inspector and those of  Sub
Inspector/Assistant Sub  Inspector  belong  to  entirely  different  cadres.
Ordinarily,  after  serving  as  stenographer  for  five  years,  Steno  Sub
Inspector/Steno Assistant Inspector would revert to the  district  work  and
on reversion, their seniority in the main  police  line  would  be  reckoned
from the date of their reversion.

In case, Steno Sub Inspector/Steno Assistant Sub Inspector are  retained  by
the Inspector-General of Police as  Stenographers  for  a  period  exceeding
five years, on 'reversion' their loss of seniority shall not  be  more  than
five years inasmuch as the Inspector-General of Police  cannot  retain  them
beyond five years and cause further prejudice to them with regard  to  their
seniority on 'reversion', as observed in the decision in Girish Pandey."

Having recorded the aforesaid conclusions,  the  High  Court  expressed  the
view that the decision rendered by the  Division  Bench  in  Bhagwat  Prasad
Singh's case (supra) was correctly determined.  The High  Court  accordingly
declined the petitioners the benefit of seniority in  the  general  line  of
the police department, with  effect  from  the  date  of  their  entry  into
service against the  posts  of  Steno  Sub-Inspectors/Steno  Assistant  Sub-
Inspectors.

24.   It was the  pointed  contention  of  the  learned  counsel,  that  the
determination rendered by the High Court  in  Bhagwat  Prasad  Singh's  case
(supra)  was  premised  on  a  very  significant  fact,  namely,  that   the
petitioners in the controversy settled by the High Court,  had  "opted"  for
their transfer from the Stenographers' cadre, to the  general  line  of  the
police department.   It  was  submitted,  that  the  High  Court  was  fully
justified in the aforesaid  factual  background,  to  deny  the  petitioners
(before the High Court) the right to take  into  consideration  the  service
rendered in the Stenographers' cadre, towards seniority in the general  line
of the Police Department.   It  was  submitted  that  the  position  in  the
present controversy is quite different, inasmuch as, herein the  petitioners
had not opted for their appointment  to  the  general  line  of  the  Police
Department.  It was submitted that the position in the  present  case  being
converse to the  position  in  Bhagwat  Prasad  Singh's  case  (supra),  the
appellants would certainly be entitled to seniority from the date  of  their
appointment in the Stenographers' cadre.

25.   It is not possible for us to accept  the  submission  of  the  learned
counsel for the appellants, that the appellants had not  "opted"  for  their
transfer  from  the  cadre  of  Steno  Sub-Inspectors/Steno  Assistant  Sub-
Inspectors to the cadre of Sub-Inspectors/Assistant  Sub-Inspectors  in  the
general line of the police force.  We have already recorded  our  conclusion
hereinabove to the effect that the appellants  having  participated  in  the
process of selection before  the  Central  Selection  Board,  they  must  be
deemed  to  have  exercised  an  express  option   for   moving   from   the
Stenographers' cadre to the general line of  the  Police  Department.   Thus
viewed, we are satisfied that the  judgments  relied  upon  by  the  learned
counsel for the appellants rendered in respect of police  personnel  of  the
same department cannot be relied upon  for  the  purpose  canvassed  by  the
learned  counsel.   We,  therefore,  hereby  decline  the  third  contention
advanced at the hands of the learned counsel for the appellants.

26.   While concluding his submissions, learned counsel for  the  appellants
placed reliance on three judgments rendered by this Court,  to  support  the
cause canvassed on behalf of the  appellants.   It  would  be  pertinent  to
mention that reference was made to K.C. Arora v. State of Haryana, (1984)  3
SCC 281, T.K. Kapur v. State of Haryana,  1986  (Supp)  SCC  584,  and  K.P.
Sudhakaran v. State of Kerala, (2006) 5 SCC 386.  We have gone  through  the
judgments pointed out by the learned counsel for  the  appellants.   In  our
considered view, the same are premised on peculiar facts  and  circumstances
of the cases considered, or alternatively on the statutory rules  applicable
to a particular service.  None of the aforesaid judgments can  gainfully  be
relied upon to draw an inference one  way  or  the  other,  insofar  as  the
present controversy is concerned.

27.   For the reasons recorded herein above,  we  find  no  merit  in  these
appeals.  The same are accordingly dismissed.


                                           .................................J.
                                             (Jagdish Singh Khehar)


                                           .................................J.
                                             (Arun Mishra)
New Delhi;
December 18, 2014.

-----------------------
32