KUMOD KUMAR & ANR. Vs. STATE OF JHARKHAND & ORS.
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.
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