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14. The Government have filed the counter affidavit and it is stated as follows:

(i) It is stated that in the Tamil Nadu Police, there are two sanctioned Police Bands. They are, (i) State Police Band in the office of the DGP, and (ii) The TSP Band in the Regimental Centre, Avadi. Apart from these two sanctioned Bands, there is no sanctioned Police Band anywhere else in the State. However, utilizing an instruction issued in 1957 that two Police Constables in Platoon of Armed Reserve and TSP Company can be earmarked for utilization as Bugler PCs. Police bands were raised in the Armed Reserves of Districts and Cities and in the Battalions. Selection of Bugler PCs for these Platoons and Company was done by District Superintendents of Police and Commissioners of Police http://www.judis.nic.in upto 1991. This mode of recruitment of Buglers, conducted during the year 1993-94 was abandoned due to the intervention of the erstwhile Tamil Nadu Administrative Tribunal on the plea that only the TNUSRB is the authorized agency to conduct the recruitment process.

(vi) Selection of Bugler PCs for Armed Reserve Platoons and TSP Company, who became Band-men in Armed Reserves and TSP Battalions was done by District Superintendents of Police and Commissioners of Police upto 1991. This mode of recruitment of Buglers, conducted was http://www.judis.nic.in abandoned due to the intervention of the erstwhile Tamil Nadu Administrative Tribunal, during the year 1993-94 on the plea that the TNUSRB is the authorized agency to conduct the recruitment process. Subsequently, the Government in their order in G.O.Ms.No.877, Home (Police.IX) Department, dated 05.10.2005 issued orders for Special recruitment of Band personnel for the first time in this department and also framed necessary guidelines for recruitment process. Accordingly the Appellant herein was selected as Band Police Constable, on completion of his training, he joined in Coimbatore City on 19.08.2010 FN. as Band Police Constable and not as a Bugler Police Constable. The Chief Office Circular Memorandum No. 155370/RA.5/80, dated 01.09.1980 referred by the Appellant was given to Bugler PCs who were appointed upto 1991 by the District Superintendents of Police and Commissioners of Police. This mode of recruitment of Buglers, conducted during the year 1993-94 was abandoned due to the intervention of the erstwhile Tamil Nadu Administrative Tribunal on the plea that the TNUSRB is the authorized agency to conduct the recruitment process. After the issuance of order in G.O.Ms. No. 877, Home (Pol.9) Dept., dated 05.10.2005 and framing the specific guidelines and qualifications for the recruitment of Band PC by the Government, none of the Band PCs have been transferred to Grade II PCs in General Line. http://www.judis.nic.in

18. The chart showing the difference between the three posts viz. Bugler PC / Band Police Constable and Grade II Police Constable, is as under. 

                          Rank                Bugler PC                         Band PC                       Gr II PC
                    Recruited by    Special Rules for the Tamil G.O.(Ms.) No.877, Home Special Rules for the Tamil

Nadu Police Sub-Ordinate (Pol.IX) Dept., dt. 5.10.2005 Nadu Police Sub-Ordinate Service Special Rules for the Tamil Service TNUSRB Nadu Police Sub-Ordinate Service Age limit Not completed 25 years of age * Not completed 25 years of Others-18-24 as on 1st July age as on 1st July of the BC/MBC - 18-26 recruitment SC/ST - 18-29 * SC/ST should not have completed 30 years of age on 1st July Educational / Studied upto VIII Std VIII Std Passed SSLC / X Passed other (i) Must have experience at qualifications least two years in playing a musical instrument used in the Police Bank

(2) The representation submitted by the Band PCs cannot be conceded as per guidelines/ instructions issued by the Chief Office vide reference 2nd cited. In this connection, the Chief Office has http://www.judis.nic.in issued the following guidelines / instructions.

(i) Bugler selection conducted during the year 1993-94 was abandoned due tothe intervention of the erstwhile TAT on the plea that the TNUSRB is the authorized agency to conduct the recruitment process. At that time, recruitment of Band PCs were conducted and some of candidates were appointed as Bugler PCs during the year 1993. After this selection, no Bugler PC selection was conducted.