This petition is filed by an Association known as Nagaland Police Service Association through its President, Shri PF Zeliang, seeking two (2) reliefs viz, (1) confirmation of services of the members of the Association on priority basis from the date of their appointment consequent upon selection and recommendation made by the Nagaland Public Service Commission, and (2) to release all the increments due to the members of the Association. 2 The said Association has forty one (41) members and they are all pre­sently holding the Nagaland Police Service Class II Cadre, except Shri PF Zeliang, the President of the Association who is holding Class I post. The petitioner Association contends that the members of this Association have been illegally deprived of their right to confirmation in their services and also there is depravity in withholding the legally earned periodical increments as permissible under the Rules. All the forty one (41) members of the Association are shown in a list annexed to this petition at Annexure A. As mentioned above, the members of the Association were appointed in the Class II posts after they were duly selected in the competitive examination conducted by NPSC in different recruitment years. Various appointment orders have been filed alongwith this writ petition. On perusal of the documents filed in the petition, it is found that all the forty one (41) members of the Association were appointed during the period between 1981 and 1991. The President of the Association who represents the Association in this petition was appointed on 2l.12.l96l. Two (2) of the members of the Association were appointed in 1982, three (3) in 1983, eight (8) in 19S6, nine (9) in 1987, ten (10) in 1988 and eight (8) in 1991. 3. Conditions of appointment orders are invariably the same. Para 2 of the initial appointment in each case states "the appointment will be on proba­tion for a period of two years at the end of which they shall be considered for confirmation subject to fulfilment of conditions under rules in force." Para 3 of each appointment order reads : "Other conditions of the service not stipulated in this Notification will be governed by the Nagaland Police Service (Class I and II) Rules, 1977 and orders issued from time to time." The appointment order also requires production of medical certificate of fitness. It is stated that all conditions stipulated in the order of appointment have been fulfilled by the forty one (41) members of this Association. 4. Sub-rule (a) of Rule 15 of the Nagaland Police (Class I and II) Rules, 1977 stipulates that upon appointment, the petitioner shall be on pro­bation for a period of two years unless the probation period is extended for a period not exceeding two years for good and sufficient reasons. Sub-rule (b) of Rule j 5 also provides for conducting departmental examination during the period of probation. Rule 15 is reproduced : "15. Probation : (a) All persons recruited to the Nagaland Police Service Class II under sub-rule (1) and sub-rule (3) of Rule 5 shall be on probation for a period of two years from the date of appointments to the service and shall undergo a course of training at the Nagaland Police Training School and shall, during the period of probation, successfully undergo the survey and settlement training and such other training as the Government may prescribed. Provided that the period of probation may for good and sufficient reasons be extended by the Governor in individual cases by a period not exceeding two years. (b) All members of the State Police Services shall appear at and pass the Departmental examination in (1) General Law, (2) Accounts (Higher Standard, (3) Police Procedure and Manual, (4) One Major Local Lan­guage conducted by the Commission according to the syllabus prescribed by the State Government." Rule 17 of the said Rules is regarding confirmation. This Rule contem­plates that a person appointed to the Nagaland Police Service Class II shall be confirmed in the service if he has completed his period of probation and if he passed the departmental examination. It is also contemplated that confirma­tion of a person shall not be held up for reasons only of not having undergone training, but such a person shall, when called upon by the Governor and opportunity given successfully undergo such training. It is also contemplated that for good and sufficient reasons the Governor may temporarily exempt a member of the service from passing any one or more of the prescribed depart­mental examinations and confirm him in the service. Rule 17 runs as under : “17. Confirmation. It is also contemplated that for good and sufficient reasons the Governor may temporarily exempt a member of the service from passing any one or more of the prescribed depart­mental examinations and confirm him in the service. Rule 17 runs as under : “17. Confirmation. (1) A person appointed to the Nagaland Police Service Class II shall be confirmed in the service if : (a) He has completed his period of probation, if any to the satisfac­tion of the Governor, and (b) He has passed the departmental examination and has success­fully undergone the course of training prescribed for him : Provided that where a member of the service is not given an oppor­tunity for undergoing the prescribed training during the period of his probation, his confirmation shall not be held up for reasons only of not having undergone such training, but such a person shall, when called upon by the Governor and opportunity given successfully undergo such training. Provided further that the Governor may for good and sufficient reasons temporarily exempt a member of the service from passing any one or more of the prescribed departmental examinations and confirm him in the service." 6. Relevant for the purpose of decision of this case is also Rule 23 which concerns increments. Rule 23 is also reproduced : "23. Increment. (1) The first increment admissible to a member of the Nagaland Police Service Class II shall accrue on the expiry of one year from the date of his joining the service and be shall be eligible to the second increment, but the third increment due shall be admissible only on his confirmation in the service. (2) The pay of a member of the service on confirmation shall be fixed at such a stage in the Class II service time scale as if he has been allowed his usual increment due; but he shall not be entitled to any arrears of pay on account of withholding due increment for the period prior to the date of his confirmation. (3) The Governor may withhold for such time as he may direct an increment or increments due to a substantive member of the service who has failed to pass the departmental examination or examinations within such time as the Governor by general or special order, may prescribe, but the with holding of such increment will have no cumulative effect." On perusal of the above Rule, it is evident that the first increment admi­ssible to a member of the Nagaland Police Service Class II shall accrue on the expiry of one year from the date of his joining the service and he shall be eligible to the second increment, but the third increment due shall be admi­ssible only on his confirmation in the service. 7. It is contended that in many cases Government has exercised powers in just and reasonable manner without any prejudice to the interest of the peti­tioners in the matter of giving exemption while granting confirmation before passing the departmental examination. It may be relevant to state here that in terms of Rule 19, for promotion to the post of Class I, one has to be a confir­med member of Class II and one must have served in Class II a minimum period of seven (7) years. As stated earlier in terms of Rule 23, third increment shall be admissible only on confirmation of the services. The members of this Association take a grievance now that they have not been allowed to earn their increments after the first two increments purportedly on the ground that their services have not been confirmed as per Rule 17 of the Rules. It is contended that the State Government has no authority to withhold the periodical increments when the Government itself has not acted according to the statutory Rules governing the service conditions of the members of the Asso­ciation. It is the contention of the members of the Association that no examination has been conducted. At the same time it is also contended that on successful completion of the period of probation of two years; unless there are good and sufficient reasons for which the period of probation may be extended by another period not exceeding two years, the State Govt. is bound to give confirmation to the services of the members of the Association. At the same time it is also contended that on successful completion of the period of probation of two years; unless there are good and sufficient reasons for which the period of probation may be extended by another period not exceeding two years, the State Govt. is bound to give confirmation to the services of the members of the Association. It is also averred that representations have been made before the competent autho­rity in this regard, but such representations have not yielded positive results. 8. It is also averred that on several occasions the respondent Government has also confirmed the services in the Cadre in question in similar circum­stances in respect of several members of the services. Notification dated 9th August, 1988 was issued by the Home Commissioner by which services of as many as twenty one (21) officers were confirmed in the Grade of Deputy Superintendent of Police, Assistant Commandant of the Nagaland Police Service in the scale of pay of Rs. 1010-2000. This confirmation order was issued as recommended by the Deputy Inspector General of Police in this regard in his letter dated 7th July, 1988. Another order of confirmation in respect of officers of similar Cadre was issued by the Home Commissioner on 9th August, 1988 in respect of thirteen (13) officers. In such a situation, learned counsel appearing for the members of this Association submits that by not confirming the services and by withholding the increments of the members of the Association, the respondents have acted arbitrarily with malafide intention to destroy the efficiency and career of the members of the Association. 9. It is also averred that the members of the Association have undergone Medical Board Examinations successfully and as such they are fit to be confirmed- in their services. Medical Board Examination Report was duly forwarded to the Home Commissioner vide letter dated 17th April, 1993 by the Deputy Inspector General of Police (Headquarters). The said report was in respect of thirty four (34) officers. It was indicated in the said that "SL, No, 12 to 17 is under process and being forwarded shortly." The penultimate para of the said letter reads "in view of above it is requested that Government may please issue necessary service confirmation order in respect of all the above thirty four (34) officers at an early date. It was indicated in the said that "SL, No, 12 to 17 is under process and being forwarded shortly." The penultimate para of the said letter reads "in view of above it is requested that Government may please issue necessary service confirmation order in respect of all the above thirty four (34) officers at an early date. The ACRs of the officers except serial No. 12 to 17 have already forwarded to Government (details of reference enclosed in Appendix A),." 10. Annexure H is Notification dated 15th September, 1993 by which exemption from passing departmental examination as prescribed in sub rule (b) of Rule 15 and sub-rule (1) (b) of Rule 17 of the Rules was given for the purpose of confirmation and to enable them to earn their annual increments after completion of probation period of two years. That order of exemption was in respect of eleven (11) officers. 11. It is stated at the Bar that no examination as such has been con­ducted in the Department since 1963. 12. I have perused affidavit filed on behalf of the State Government. I have also heard Mr. EY Renthungo, learned Junior Govt. Advocate. Para 5 of Gove­rnment affidavit states that departmental examination for NPS officers could not be conducted due to non-availability of syllabus. It is also stated that the officers had represented for exemption from such departmental examination for the purpose of getting confirmation in service and also to earn increment regularly inasmuch as it was fault of the Government in not conducting requi­red examinations and also en the ground that in several cases exemption had been allowed in the past by the Government. According to the Government affidavit, such representations were examined by a Committee constituted for this purpose. However, it is stated that a draft syllabus for the departmental examination was ready and it should be implemented at the earliest. It is also further stated in para 5 of the Government affidavit to the following effect; "The committee had also recommended that a special departmental exami­nation be conducted by Home Department to enable the NPS officers to pass the said examination and earn their accrued increments on the ground that the proposed syllabus for Departmental examination for NPS officers is yet to go through various formalities for approval and implementation and as such NPSC is unlikely to conduct the Departmental examination in the near future. It has also been considered that non-confirmation of the NPS officers on expiry of their probation period of 2 (two) years and non-release of increments was not the fault of the NFS officers concerned but due to the fact that NPSC could not conduct the Departmental examination till date due to non-availability of the syllabus. Nevertheless, confirmation in service could not be considered in view of provision of Rule 17 (b) of the Nagaland Police Service (Class 1 & II) Rules, 1977. The Govt. has, therefore, decided that a special Departmental examination shall be conducted by Home Department as stated above instead of giving exemption to NFS officers from appearing Departmen­tal examination and those officers who pass the proposed Departmental examination shall be giving benefit of arrears with retrospective effect and those officers who do not pass the Departmental examination in the first chance shall be given a second chance to pass the same but without the benefit of arrears with retrospective effect." The only submission made on behalf of the Government is that provision of Rule 17 (b) must be complied with, otherwise confirmation cannot be allowed. In like manner ft is submitted that if there is no confirmation there can be no annual or periodic increment. As against this submission made by the learned Junior Govt. Advocate as stated -above, Mr. Samuel Risom, learned counsel for the petitioner Association submits that the stand taken by the Government is unjust and unreasonable. He further submits that the stand taken by the Government is arbitrary inasmuch as in respect of many other members of the service exemption has already been allowed and confir­mations have been issued. It is also further submitted by Mr. Samuel Risom that when statutory provisions have been made governing the service condi­tions of the members of the Nagaland Police Service, no other order can be Issued to over-ride such statutory Rules as regards the conduct of Depart­mental examinations. It is also the submission of Mr. Risom that in terms of Fundamental Rule 24 normal increment can be held up only in cases where the conduct of a particular Government servant is not good and that his performance is not satisfactory and not for any other reason. It is submitted that on completion of period of probation of two (2) years, State Government i» 'bound to issue order of confirmation. 13. It is submitted that on completion of period of probation of two (2) years, State Government i» 'bound to issue order of confirmation. 13. Apparently the members of this Association have put in various periods of service in the cadre of Deputy SP ranging from five (5) years to twelve (12) years. It is in this background that learned counsel submits that to keep the future of the members of the Association in uncertainty is not only unjust and unfair, but is clearly illegal. It is also further submitted that the proposed examination to be conducted by Home Department is clearly a departure from normal procedure laid down in this regard. It is also further submitted .that to conduct a Departmental examination after several years of faithful service in the Department would cause great hardship to the members of this Association. 14. As stated earlier, the members of this Association successfully completed period of probation of two (2) years. There was no extension of period of probation in respect of any of the members of this Association. Also medical fitness report was submitted and in fact request was made for confirmation of the services of the members of this Association. It may be stated that the purpose of probation is to see whether a member of the service is found suitable and fit. Obviously in the circumstances and facts that have been narrated above, the members of this Association cannot be said to be unfit in any way. It is not the case of the State Government either that any of the members of this Association is otherwise not suitable or unfit. 15. In (1987) 4 SCC 482 , it was held that : "when an officer appointed initially on probation was found to be continuing in service beyond three years without a written order of confirmation this Court held that it tantamounts to confirmation." In the facts narrated in that case, learned counsel for the petitioner Association submits that notwithstanding the fact that no confirmation order has been issued in respect of the members of this Association, they must So deemed to have been confirmed in the cadre of Deputy SP inasmuch as they have held this post faithfully for several years ranging from five (5) years to twelve (12) years as mentioned earlier. The learned counsel for the Association also refers me to 1989 (1) SLJ 14 with special reference to para 7 and submits that on completion of two (2) years of probationary period an employee should be confirmed. In that case also probationary period was not extended. It was also held in that case that while there is some necessity for appointing a person in Government service on probation for a particular period, there may not be any need for confirmation of that officer after the Completion of the probationary period. Para 7 of the said decision is as under : "7. The appellant should have been confirmed on June 10, 1965 on which date he had completed two years of his probationary period. As has been stated already, the probationary period was not extended. The Board has not laid down any guideline for confirmation. There is no rule showing when an officer of the Board will be confirmed. While there is some necessity for appointing a person in Government service on probation for a particular period, there may not be any need for confirmation of that officer after the completion of the probationary period. If during the period of probation a Government servant is found to be unsuitable^ his services may be terminated. On the other hand, if he is found to be suitable, he would be allowed to continue in service. The archaic rule of confirmation still in force, gives a scope to the executive authorities to act arbitrarily or malafide giving rise to unnecessary litigations. It is high time that the Government and other authorities should think over the matter and relieve the Government servants of becoming victims of arbitrary actions. In this connection, we may refer to the decision in the case of SB Patwardharr & others vs. State of Maharashtra & others, where Chandrachud, C.J. Speaking for the Court observed as follows : "Confirmation is one of the inglorious uncertainties of Government service depending neither on efficiency of the incumbent nor on the availability of substantive vacancies. A glaring instance widely known in a part of our country is of a distinguished member of the judiciary who was confirmed as a District Judge years after be was confirmed as a Judge of the High Court. A glaring instance widely known in a part of our country is of a distinguished member of the judiciary who was confirmed as a District Judge years after be was confirmed as a Judge of the High Court. It is on the record of these writ petitions that officiating Deputy Engineers were not confirmed even through substa­ntive vacancies were available in which they could have been confirmed. It shows that confirmation does not have to conform to any set of rules and whether an employee should be confirmed or not depends on the sweet will and pleasure of the Government." It is submitted that the case of the petitioner Association is squarely governed by this decision. 16. The grievances of the members of this Association appear to me to be genuine and well founded. After all service is very dear to each of them. How anxious the members of this Association must have been all these years when their service career has been kept in uncertainty and that too for no fault of theirs. At the same time no doubt the members of this Association are bread winners for their respective families and other dependents. Naturally they would insist that they should get even the last paise which, according to them they have earned legally inasmuch as the normal increment will be due on completion of each year of their service. It appears there is no valid ground to deprive them of this hard earned money. 17. Upon careful perusal of the documents filed in this case and after hearing learned counsel of both sides and in the facts and circumstances that I have narrated above, I allow this petition. The respondents are dire­cted to confirm the services of the members of the petitioner Association from the date of their appointment. The respondents are also further directed to release all the withheld increments due to the members of this Association beginning from the third increment which became due after completion of period of probation of two (2) years. These directions shall be carried out within two (2) months from the date of receipt of this order.