Raghunath Prasad Vs. The Secretary, Home (Police) Department, Government of Bihar & Ors.
EmailAppeal: Civil Appeal No. 2439 of 1982.
Petitioner: Raghunath Prasad
Respondent: The Secretary, Home (Police) Department, Government of Bihar & Ors.
Apeal: Civil Appeal No. 2439 of 1982.
Judges: RANGANATH MISRA & MURARI MOHON DUTT,JJ.
Date of Judgment: Dec 11, 1987
Head Note:
CIVIL SERVICE
Promotional opportunities – Combined police force in the State of Bihar separated in May,1970 into two cadres-Wireless wing and the general section – Right to exercise option not available to the appellant who joined the wireless organisation in 1972-73 – No promotional opportunities available in the wireless organisation – Promotional opportunities must in every wing of public service for efficiency and excellence – State of Bihar directed to provide at least two promotional opportunities to the officers of the wireless organisation within six months.
JUDGEMENT:
O R D E R
1. This appeal by special leave is directed against the decision of a Division Bench of the Patna High Court rejecting the writ petition of the appellant who had claimed for being absorbed in the regular Police Force on the basis of exercise of option.
2. It is not disputed that until 6th of May, 1970, there was a combined police force in the State of Bihar raised under the Police Act of 1861 which included regular police personnel and those serving in the Signal (Wireless) branch. On 6th of May, 1970, the wireless wing was separated. Admittedly, the appellant was recruited as a constable in the wireless wing after May, 1970. A Division Bench of the Patna High Court in C.W.J.C. 21 of 1968, disposed of on 9th May, 1969, while dealing with the case of a Literate constable recruited into the Bihar Police Signals directed:-
“We, therefore, direct the respondents to treat the petitioner as a member of the single police force until two separate cadres are created for the wireless and the general sections by asking the personnel to opt for one or the other and to consider his case in the matter of promotion alongwith the other literate constables of the general police force.”
On 9th of May, 1970, the State Government issued the following direction to the Inspector General of Police:-
“Sub:- Declaration of the General Wireless Organisation of the police department as a closed cadre and separate from the general police cadre.
Orders – Sanctioned with effect from the date of issue of the order.
2. All the existing permanent and temporary posts of the police wireless organisation will be deemed to be a part and parcel of the above cadre.
3. The existing staff of the police wireless organisation will have the option either to remain within the above mentioned cadre or to opt for the general police cadre. The option will have to be exercised within three months from the date of issue of the order……”.
On 1st January, 1974, further instructions were issued to the Inspector General of Police to the following effect:-
“Sub:- C.W.J.C. No. 21/68 – Sh. Ramdev Singh Vs. State of Bihar & Ors. – for the implementation of the orders of the Patna High Court.
Sir,
With reference to the D.O. letter No. 3247 dated 27.7.74 of Shri T.P.Sinha, Assistant Inspector General of Police (Communication) on the subject above-mentioned, I have been directed to say that the State Government has taken the decision that fresh option be taken from the existing staff of Police Wireless Organisation in connection with their adjustment in the general police cadre. The option can be taken within two months of the issue of the orders…….”.
The appellant claimed that he was entitled to exercise option and since option was not asked from him, he may be reverted to the general cadre. When that was not done, he applied to the High Court for direction. The High Court found that the benefit of option was confined to recruits prior to 6th May, 1970 and since the appellant had been recruited long after that date, he was not entitled the exercise of benefit of option. The writ application was accordingly dismissed and that decision is the subject-matter of the appeal.
3. We have read the judgment of the High Court with reference to the documents placed and heard learned counsel for parties. There is no doubt that the High Court was right in finding against the appellant that the option in terms of the instructions dated 1st of October, 1974 was available to those who came within the ambit of the earlier judgment. Thus the appellant being a recruit of 1972-73, not in the combined cadre but in the wireless organisation, was not entitled to the benefit of option. His appeal is, therefore, liable to be dismissed.
4. Before we part with the appeal, we would like to take notice of another aspect. In course of hearing of the appeal, to a query made by us, learned counsel for the appellant indicated the reason as to why the appellant was anxious to switch over to the general cadre. He relied upon two or three communications which are a part of the record where it has been indicated that there is no promotional opportunity available in the wireless organisation. Reasonable promotional opportunities should be available in every wing of public service. That generates efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. In the absence of promotional prospects, the service is bound to degenerate and stagnation kills the desire to serve properly. We would, therefore, direct the State of Bihar to provide at least two promotional opportunities to the officers of the State Police in the wireless organisation within six months from today by appropriate amendments of Rules. In case the State of Bihar fails to comply with this direction, it should within two months thereafter, give a fresh opportunity to personnel in the Police wireless organisation to exercise option to revert to the general cadre and that benefit should be extended to everyone in the wireless organisation.
5. The appeal is dismissed with the directions indicated above. There would be no order for costs.
Appeal dismissed.
1. This appeal by special leave is directed against the decision of a Division Bench of the Patna High Court rejecting the writ petition of the appellant who had claimed for being absorbed in the regular Police Force on the basis of exercise of option.
2. It is not disputed that until 6th of May, 1970, there was a combined police force in the State of Bihar raised under the Police Act of 1861 which included regular police personnel and those serving in the Signal (Wireless) branch. On 6th of May, 1970, the wireless wing was separated. Admittedly, the appellant was recruited as a constable in the wireless wing after May, 1970. A Division Bench of the Patna High Court in C.W.J.C. 21 of 1968, disposed of on 9th May, 1969, while dealing with the case of a Literate constable recruited into the Bihar Police Signals directed:-
“We, therefore, direct the respondents to treat the petitioner as a member of the single police force until two separate cadres are created for the wireless and the general sections by asking the personnel to opt for one or the other and to consider his case in the matter of promotion alongwith the other literate constables of the general police force.”
On 9th of May, 1970, the State Government issued the following direction to the Inspector General of Police:-
“Sub:- Declaration of the General Wireless Organisation of the police department as a closed cadre and separate from the general police cadre.
Orders – Sanctioned with effect from the date of issue of the order.
2. All the existing permanent and temporary posts of the police wireless organisation will be deemed to be a part and parcel of the above cadre.
3. The existing staff of the police wireless organisation will have the option either to remain within the above mentioned cadre or to opt for the general police cadre. The option will have to be exercised within three months from the date of issue of the order……”.
On 1st January, 1974, further instructions were issued to the Inspector General of Police to the following effect:-
“Sub:- C.W.J.C. No. 21/68 – Sh. Ramdev Singh Vs. State of Bihar & Ors. – for the implementation of the orders of the Patna High Court.
Sir,
With reference to the D.O. letter No. 3247 dated 27.7.74 of Shri T.P.Sinha, Assistant Inspector General of Police (Communication) on the subject above-mentioned, I have been directed to say that the State Government has taken the decision that fresh option be taken from the existing staff of Police Wireless Organisation in connection with their adjustment in the general police cadre. The option can be taken within two months of the issue of the orders…….”.
The appellant claimed that he was entitled to exercise option and since option was not asked from him, he may be reverted to the general cadre. When that was not done, he applied to the High Court for direction. The High Court found that the benefit of option was confined to recruits prior to 6th May, 1970 and since the appellant had been recruited long after that date, he was not entitled the exercise of benefit of option. The writ application was accordingly dismissed and that decision is the subject-matter of the appeal.
3. We have read the judgment of the High Court with reference to the documents placed and heard learned counsel for parties. There is no doubt that the High Court was right in finding against the appellant that the option in terms of the instructions dated 1st of October, 1974 was available to those who came within the ambit of the earlier judgment. Thus the appellant being a recruit of 1972-73, not in the combined cadre but in the wireless organisation, was not entitled to the benefit of option. His appeal is, therefore, liable to be dismissed.
4. Before we part with the appeal, we would like to take notice of another aspect. In course of hearing of the appeal, to a query made by us, learned counsel for the appellant indicated the reason as to why the appellant was anxious to switch over to the general cadre. He relied upon two or three communications which are a part of the record where it has been indicated that there is no promotional opportunity available in the wireless organisation. Reasonable promotional opportunities should be available in every wing of public service. That generates efficiency in service and fosters the appropriate attitude to grow for achieving excellence in service. In the absence of promotional prospects, the service is bound to degenerate and stagnation kills the desire to serve properly. We would, therefore, direct the State of Bihar to provide at least two promotional opportunities to the officers of the State Police in the wireless organisation within six months from today by appropriate amendments of Rules. In case the State of Bihar fails to comply with this direction, it should within two months thereafter, give a fresh opportunity to personnel in the Police wireless organisation to exercise option to revert to the general cadre and that benefit should be extended to everyone in the wireless organisation.
5. The appeal is dismissed with the directions indicated above. There would be no order for costs.
Appeal dismissed.
