Uttarakhand High Court
Dhyan Singh And Others vs State Of Uttarakhand And Others on 24 April, 2017
Author: Rajiv Sharma
Bench: Rajiv Sharma
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 132 of 2016
With
WPSS Nos.53 of 2015, 74 of 2015, 82 of 2015, 77
of 2015, 76 of 2015, 81 of 2015, 79 of 2015, 98 of
2015, 99 of 2015, 100 of 2015, 344 of 2015 and
345 of 2015
Mr. Vinay Kumar with Mr. Shobhit Saharia, Advocates for all the petitioners.
Mr. B.P.S. Mer, Brief Holder for the State.
Judgment Reserved - 17.04.2017
Date of Judgment - 24.04.2017
Hon'ble Rajiv Sharma,J.
Since common questions of law and facts are involved in these petitions, the same have been taken up together and are decided by this common judgment. For the sake of clarity, the facts of WPSS No.132 of 2016 have been taken into consideration.
2. Key facts, necessary for the adjudication of this petition are that some of the petitioners were appointed to the post of Constables in the PAC prior to creation of the State of Uttarakhand and other petitioners were appointed as Constables in PAC in the State of Uttarakhand.
3. The Bomb Detection and Disposal Squad and Dog Squad were established after formation of separate Uttarakhand Police Force.
4. The Director General of Police, Uttarakhand passed an order on 31.10.2006, whereby the Bomb Disposal Squad established in the State of Uttarakhand was allocated to District U.S. Nagar, District Dehradun and District Haridwar.
5. The Additional Director General of Police (Administration), Uttarakhand, Dehradun on 22.11.2006 issued an order whereby the Bomb Disposal Squad at 31st Battalion PAC was allotted to 2 District U.S. Nagar, the Bomb Disposal Squad at 40th Battalion PAC was allotted to District Haridwar and the Bomb Disposal Squad was allotted to District Dehradun itself.
6. It was mentioned in Clause 3 of the order dated 22.11.2006 that the posts allotted to the concerned District will be treated as integral part of the allocated cadre strength of the concerned District. One additional Bomb Disposal Squad was created for District Haridwar on 29.11.2007.
7. In order to make the Bomb Disposal Squad more effective, certain instructions were issued on 12.04.2013 by the Inspector General of Police, Headquarters, Uttarakhand Police. It was stipulated in the order that persons who have qualified the Bomb Disposal Course will be appointed in Bomb Disposal Squad on the basis of Eligibility Examination conducted by the Committee constituted by Commander, Armed Training Centre. The tenure of appointment in Bomb Disposal Squad was ordinarily for 05 years.
8. The Inspector General of Police, Headquarters, Uttarakhand Police on 24.05.2013 issued an order whereby 17 Constables of PAC posted in different Battalions of PAC and IRB were transferred to District mentioned against their names.
9. An advertisement was issued by the Police Headquarters for considering promotion of the Constables, Armed Police/ PAC to the post of Head Constables, Armed Police/ PAC on 11.07.2013. The certain queries have been made by the Inspector General of Police on 11.11.2014 pursuant to the letter of the Chairman Selection Committee.
310. It was mentioned in the communication dated 11.11.2014 that in the department the post of Constable in Bomb Disposal Squad was not sanctioned. In the Bomb Disposal Squad only the post of Head Constable and Sub-Inspector was sanctioned. The maximum Constables/Head Constables have come by way of transfer from PAC. It was also stated that the Constables appointed in Bomb Disposal Squad will have their lien in the cadre i.e. PAC/ Armed Police from where they have been transferred and on promotion against the vacancies of their cadre and will again transferred against the vacancies in Bomb Disposal Squad.
11. It was also mentioned in the communication dated 11.11.2014 that the members of the PAC who were transferred against the vacancies of the Armed Police vide orders dated 12.11.2008 and 15.10.2008, they would be deemed to be transferred in terms of Paragraph No.525 of Police Regulations and their lien would ceased from PAC. The lien was to be determined as per the communication dated 11.11.2014 in respect of promotional exercise/transfer.
12. The petitioners made a representation against the communication dated 11.11.2014 and 11.12.2014. It was stated in the representation that the petitioners and similarly situate persons are posed in Bomb Disposal Squad/ Dog Squad in District U.S. Nagar and they were transferred to the District Police as the Bomb Disposal Squad formed the part of Armed Police. According to them, their lien stood snapped from PAC. Moreover, they were not considered/ informed about the promotions made in the year 2007 and 2009.
413. In the meeting of the Police Establishment Committee held on 07.03.2015, a decision was taken on the issue of the transfer of the members of the PAC and IRB to other Branches of Police Department. It was concluded on the basis of Paragraph No.525 of the Police Regulations that the members of one Branch of the Police Organization can be transferred permanently or temporarily to another branch and by that transfer, their lien would also transferred.
14. The petitioners till date are being paid salary by the District Armed Police and not from the PAC. The petitioners have also vacated the accommodation allotted to them in PAC. They have deposited their Kits allotted to them in PAC.
15. It is evident from Clause 3 of the office order dated 22.11.2006 that the posts allotted to the concerned District were to be treated the part of the allotted strength of the concerned District. In other words, the transferred employees stood absorbed.
16. However, decisions were taken contrary to the letter dated 22.11.2006 on 12.04.2013 and 11.11.2014 except to the extent as per Annexure No.8 dated 11.11.2014, it was decided that all the members of PAC who were transferred against the vacancies of the Armed Police vide order dated 12.11.2008 would be deemed to be transferred in terms of Paragraph No.525 of Police Regulations and their lien would cease from PAC. The lien was to be determined as per communication dated 11.11.2014 qua promotional exercise/ transfer.
17. The respondents have also not taken into consideration the decision taken on 07.03.2015 in the meeting of the Police Establishment Committee 5 whereby on the basis of Paragraph No.525 of the Police Regulations, it was decided that the members of the one branch of the Police Organization could be transferred permanently or temporarily to another branch and by that transfer, their lien could also be transferred.
18. Regulation 525 of Police Regulations reads as under: -
"525. Constable of less than two years' service may be transferred by the Superintendent of Police from the armed to the civil police or vice versa. Foot police constables may be transferred to the mounted police at their own request. Any civil police constable of more than two and less than ten years' service may be transferred to the armed police and vice versa by the Superintendent for a period not exceeding six months in any one year. All armed police constables of over two years' service and civil police constables of over two and under ten years' service may be transferred to the other branch of the force for any period with the permission of the Deputy Inspector-General."
19. The petitioners have become members of District Armed Police. They have vacated their accommodation allotted to them in PAC and they are also not considered for promotion in their parent cadre in 2007 and 2009.
20. Accordingly, all the writ petitions are allowed. The respondents are directed to consider the case of the petitioners as per Annexure No.2 dated 22.11.2006 and as per Paragraph No.8 of Annexure No.8 dated 11.11.2014 read in conjunction with Regulation No.525 of the Police Regulations, within ten weeks from today.
621. Pending application, if any, stands disposed of accordingly.
Date: 24.04.2017 (Rajiv Sharma, J.) NISHANT