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2020 DIGILAW 473 (GUJ)

Govindbhai Hirabhai Parmar v. State Of Gujarat

2020-03-24

A.J.SHASTRI, VIKRAM NATH

body2020
JUDGMENT : VIKRAM NATH, J. 1. The above two Letters Patent Appeals have been preferred by the unsuccessful petitioners assailing the correctness of the judgment and order dated 18.4.2019 passed by the learned Single Judge in Special Civil Application No.927 of 2016, Special Civil Application No.302 of 2016 and Special Civil Application No.21056 of 2015 whereby all the writ petitions were dismissed. 2. To put in simple words, the petitioners-appellants are claiming participation in the selection process of Police Sub-Inspector (Unarmed), by way of promotion, pursuant to an advertisement dated 3.12.2015 from the Assistant Sub-Inspectors and Head Constables (Unarmed), even though the petitioners-appellants were holding the post of Assistant Sub- Inspector (Armed) and Head Constables (Armed). One of the grounds for claiming such relief was that the eligibility for selection to the entry level post of Constables(Armed) and Constables (Unarmed) was the same in both the set of Rules of 1993 and consequently, that there were no promotional avenues in the cadre of the Armed Force (Cadre) whereas there were further promotional avenues in the cadre of Unarmed Force(Cadre). 3. The learned Single Judge dismissed the claim and rightly so on the finding that once there are different set of Recruitment Rules of 1993 for the Armed and the Unarmed Constabulary of the Gujarat Police, Assistant Sub-Inspectors and Head Constables from the Armed Cadre could not claim to join in the Unarmed Cadre. The learned Single Judge has relied upon two Division Bench judgments also wherein somewhat similar issues relating to Unarmed and Armed Cadres had been discussed and it had been held that the same are separate and distinct. 4. Aggrieved by the judgment of the learned Single Judge, the present two Letters Patent Appeals had been preferred by two groups of Assistant Sub-Inspectors and Home Guards of the Armed Cadre. 5. We have heard Shri Gautam M. Joshi, learned Senior Advocate assisted by Shri Vyom H. Shah, learned counsel for the appellants and Shri D.M.Devnani, learned Assistant Government Pleader for the State respondents, in both these appeals. 6. 5. We have heard Shri Gautam M. Joshi, learned Senior Advocate assisted by Shri Vyom H. Shah, learned counsel for the appellants and Shri D.M.Devnani, learned Assistant Government Pleader for the State respondents, in both these appeals. 6. According to Shri Joshi, the discrimination by the State insofar as the Head Constables and Assistant Sub-Inspectors of the Armed Cadre is concerned, is writ large inasmuch as similarly placed Head Constables and Assistant Sub- Inspectors of the Unarmed Cadre in their hierarchy of posts are entitled to promotion to the post of Police Sub-Inspectors and to further higher posts, whereas with regard to the Armed Cadre, everything stops at the stage of Assistant Sub-Inspectors. He further submitted that as qualifications and eligibility for entry level recruitment under both the Rules has throughout been the same as such Constables, Head Constables and Assistant Sub-Inspectors of the Armed Cadre, were fully eligible and qualified to be considered for promotion even in the cadre of the unarmed Police Sub-Inspectors. 7. It was further submitted that it is completely arbitrary and unreasonable on the part of the State in depriving the Head Constables and Assistant Sub-Inspectors of the Police Department of the Armed Cadre from not being provided any further promotional avenues and thereby stagnating them to remain Head Constables or Assistant Sub-Inspectors throughout their service. 8. It is also submitted that there is no distinction in the duties assigned and service rendered by the officials of both the cadres, Unarmed and Armed. Reference has also been made to Clause 38 of the Bombay Police Manual, Volume III, which does not draw any distinction in so far as duties are assigned, between the two cadres. 9. Lastly, he submitted that the learned Single Judge failed to take into consideration all these aspects of the matter and as such, the present appeals may be allowed, order of the learned Single Judge be set aside and the reliefs as claimed in the writ petitions be granted. 10. On the other hand, Shri D.M.Devnani, learned AGP submitted that it is not true that the Head Constables and Assistant Sub-Inspectors of the Armed Cadre do not have any promotional avenues. According to him, large number of Head Constables and Assistant Sub-Inspectors of the Armed Cadre have been promoted as Police Sub-Inspectors and even further promotions have been given to them to the higher posts. According to him, large number of Head Constables and Assistant Sub-Inspectors of the Armed Cadre have been promoted as Police Sub-Inspectors and even further promotions have been given to them to the higher posts. It was next submitted that there are more than 1000 posts of Police Sub-Inspectors in the Armed Cadre out of which, approximately 600 posts are under the State Reserved Police Force (SRPF) whereas approximately 350 posts of Police Sub-Inspectors are for the Head Constables and Assistant Sub-Inspectors of the Armed Cadre (specific details are stated in the affidavit filed on behalf of the State and relevant extract thereof has been quoted at a later stage). He also submitted that promotions of Head Constables and Assistant Sub-Inspectors of the Armed Cadre have earlier been made under paragraph 165 of the Gujarat Police Manual. 11. It is further submitted that the Recruitment Rules for the appointment of Police Sub-Inspectors, Armed Cadre has already been drafted and approved by the Home Department and was presently under consideration of the General Administration Department of the State. Once the same are approved by the General Administration Department, they would be notified and posts of Police Sub-Inspectors of the Armed Cadre which are lying vacant would be filled up immediately upon the Rules being notified. According to Mr. Devnani, the grievances of the appellants being addressed by the Government, they would not have any further cause and as such, the appeals may be dismissed as the learned Single Judge did not commit any error in dismissing the writ petitions. Shri Devnani supported the judgment of the learned Single Judge by submitting that the reasons assigned therein were just, valid and proper. 12. In rejoinder, Shri G.M.Joshi, learned Senior Advocate submitted that the statement given by Shri Devnani was not correct and if there were posts of Police Sub-Inspector (Armed) meant for being filled up by promotions of Head Constables and Assistant Sub-Inspectors of the Armed Cadre, then the appellants would have no case and would not have anything further to add but only if the respondent authorities place on record the material with respect to the existing posts of Police Sub-Inspectors of the Armed Cadre. He further added that what is being done is that under the State Reserve Police Force, constituted under the SRPF Act, 1959, which is a totally different cadre other and distinct from Bombay Police Act, 1951, the Head Constables and Assistant Sub-Inspectors of the Armed Cadre are being promoted and are being made as Police Sub-Inspectors under the State Reserve Police Force and not in their original cadre of the Armed Police. 13. Pursuant to such submissions, the Court had invited affidavits from the State with regard to their stand and in response to the submissions advanced by Shri Joshi, the affidavits have been filed and are on record. We may briefly refer to the same. 14. Shri Brajesh Kumar Jha, Secretary, Home Department, filed affidavit dated 25.11.2019. In paras 2 and 3 thereof, it is stated as follows: “2. It is submitted that the grievances of the appellants is that there is no officer from armed constabulary who is promoted from the post of ASI to PSI under within the city or district It is submitted that the communication dated 21.11.2019 issued by the Addl. Director General of Police Armed Unit provides the details of promotion of officers from the post of ASI to PSI(Armed). A copy of the communication dated 21.11.2019 along with the orders are annexed hereto and marked as Annexure-R1 to this affidavit in reply. Moreover to state that details regarding promotion since 2006 to Armed P.S.I. From Armed Police A.S.I./Head constable who had working in District armed police is attached herewith and marked as Annexure-R2. 3. It is submitted that with regard to the grievance of the appellants that the Recruitment Rules are not being finalized, it is submitted that the rules for selection and appointment of Police – Sub-Inspector (Armed) have already been drafted and finalized by the Home Department and are at present placed for vetting before General Administration Department. The deponent with the consultation of other departments shall expedite the process of finalization of Recruitment Rules of Police Sub- Inspector (Armed) preferably within a period of 3 months from today.” 15. This was replied to by the appellant No.1 vide affidavitin- rejoinder dated 26.11.2019. The deponent with the consultation of other departments shall expedite the process of finalization of Recruitment Rules of Police Sub- Inspector (Armed) preferably within a period of 3 months from today.” 15. This was replied to by the appellant No.1 vide affidavitin- rejoinder dated 26.11.2019. The relevant assertions are made in paras 2.1 to 2.5 which are reproduced below:- “2.1 As pointed out in earlier pleadings, there are two establishments in the State of Gujarat, namely, establishment under Gujarat Police Act, 1951 and establishment under Gujarat State Reserve Police Act, 1951. The establishment under the Gujarat Police Act, 1951, insofar as it relates to armed branch consists of, Constable(Armed), Head Constable (Armed) and Assistant Sub-Inspector (Armed). I assert that there is no post of Police Sub-Inspector (Armed) under Gujarat Police Act, 1951. 2.2 Under Gujarat State Reserved Police Force Act, 1951 the hierarchy is consisting of Police Constable (SRP), Head Constable (SRP), ASI (SRP), Armed Police Sub-Inspector/Platoon Commander (SRP) and Armed Police Inspector/Company Commander (SRP), Assistant commandant (SRP) that goes up to Commandant. 2.3 Undisputedly, the orders that were passed up to 2007 were in exercise of powers vested under clause 165(3) of the Gujarat Police Manual which again is a compilation of administrative instructions only. I respectfully submit that the deponent and the officers have not cared to disclose before this Hon'ble Court that all the promotions were given on the post of Reserved Sub-Inspector which is under the SRP Act, 1951. Even the logo of both the Hon'ble Officers show that they are respected Officers under the SRP force functioning under SRP Act, 1951. Further, bare perusal of the communication dated 21 November 2010 would show that two gentlemen whose names are fund at serial no.2 and 6 in the office order dated 7 March 2007 were working as Armed Head Constable and together with other such Armed Head Constables were promoted in the SRP force as Armed Police Sub-Inspector. Therefore, the statement that they were promoted as Armed Police Sub-Inspector does not disclose correct position. The communication itself states that Shri Bamaniya is functioning as RSI which is not a position under Bombay Police Act, 1951 and there is no regular channel of promotion to that post as on date. Therefore, the statement that they were promoted as Armed Police Sub-Inspector does not disclose correct position. The communication itself states that Shri Bamaniya is functioning as RSI which is not a position under Bombay Police Act, 1951 and there is no regular channel of promotion to that post as on date. The procedure that was followed under clause 165(3) is set aside by this Hon'ble Court and the State is directed to frame recruitment rules which are not framed even as on date. 2.4 I respectfully state that the statement is made in the communication dated 24 November 2019 by the Respectable Officer that the promotions were given 2006 and 2007 to Armed ASI/Armed Head Constable is also not entirely correct. The names at serial No.23, 24, 25, 31, and 32 are the gentlemen whose names are appearing in the order at page 80. They re given discretionary promotion under clause 165(3) on the post of RSI in the respective Group of SRP under SRP Act, 1951 changing their entire establishment. I again most respectfully request the Hon'ble Court to kindly take cognizance of the fact that with greatest respect to the highest Officer is of the Disciplined Force, no effort is made to properly assist the Hon'ble Court and the statements which are made either on the solemn affirmation or in the communication is attached thereto and are not correct. 2.5 I again reiterate that as on date there are no recruitment rules for the post of Police Sub- Inspector(Armed) and there are no posts of Police Sub-Inspector(Armed) under Gujarat Police Act, 1951. The statements made either in the communications or in the Affidavits do not disclose true position.” 16. A further affidavit was filed by appellant No.1 dated 28.11.2019 and the relevant assertions have been made in paragraphs 2 to 8 thereof. The same are reproduced below:- “2. I submit that as per the information based on the details given by the Hon'ble Home Minister of Gujarat State in the Gujarat Legislative Assembly giving the complete details of the police establishment setup as on 31st May 2019, the total number of Police Sub-Inspectors (Armed) (SRP) was 1015. As per the further information placed before the House, out of 1015 posts, 749 were filled up as on 31st May 2019 and 266 posts are vacant. As per the further information placed before the House, out of 1015 posts, 749 were filled up as on 31st May 2019 and 266 posts are vacant. A copy of the information given by the Hon'ble Minister during the Budget Speech is produced herewith and marked as Annexure-X1. 3. I submit that by another order dated 7"I August 2019, 60 promotions were given by the office of the Additional Inspector General of Police, Armed Units. to the post of Platoon Commander in the State Reserve Police Force. A copy of the order dated 7m . August 2019 promoting 60 Armed A81 to the post of Platoon Commander/Armed PSI is produced here with and marked as Annexuxe-X2. 3. I respectfully submit that only those personnel employed and functioning in the Gujarat State Reserve Police Force are entitled to be promoted to the post of Police Sub-Inspector/Platoon Commander and therefore, if any statement is made that there are posts under Gujarat (Bombay) Police Act, 1951, the deponent of such affidavit has to show the total number of posts of the Armed Police Sub-Inspector on the Organisational Set up under Section 5 of Gujarat Police Act, 1951. 4. I respectfully submit that only those personnel employed and functioning the Gujarat Reserve Police Force are entitled to be promoted to the post of Police Sub-Inspector/Platoon Commander and, therefore, if any statement is made that there are posts under Gujarat (Bombay) Police Act, 1951, the deponent of such affidavit has to show the total number of posts of the Armed Police Sub-Inspector on the Organisational Set up under Section 5 of the Gujarat Police Act, 1951. 5. I respectfully submit that the State has published a list of all the officers of Non-cadre State Police Service (SPS) Officers showing the details of all the officers of Unarmed Police and Armed Police. All the officers holding the post of Deputy Superintendent of Police in the Armed Police are the officers who are holding such posts in SRP Force as can be seen from the details of posting of such officers in the list. A copy of list of all the officers of Non-cadre State Police Service (SPS) is annexed hereto and marked as Annexure-X3 to this affidavit. 6. A copy of list of all the officers of Non-cadre State Police Service (SPS) is annexed hereto and marked as Annexure-X3 to this affidavit. 6. I respectfully submit that the picture which is sought to be created before this Hon'ble Court that there are posts of Armed Police Sub-Inspector on the establishment set up under the Gujarat Police Act, 1951 is far from truth. I further submit that as on date, there is not a single person who is promoted from the Armed Branch, who were recruited under the Gujarat Police Act, 1951 to any post on the Armed Units and all the positions in SRP are held by the personnel who were originally appointed and promoted on various posts in the hierarchy defined under Gujarat State Reserve Police Act, 1951. 7. I respectfully submit that to clarify the situation, the appellants would like to rely upon the recruitment Rules dated 18th June, 2016 framed under Section 21 of the Gujarat State Reserve Police Force Act, 1951 by the Home Department of State Government. 1 further submit that in the aforesaid recruitment Rules, there are two modes of recruitment, one is by way of promotion and the other is by way of direct selection. In the mode by way of promotion, the person, who is in the cadre of Assistant Sub. Inspector in the subordinate service of the Gujarat State Reserve Police Force is eligible and not a person who is in the cadre of Assistant Sub~ Inspector, Head Constable, and Constable in the subordinate service of the Gujarat Police, who are recruited under the recruitment Rules framed under Section 5 of the Gujarat Police Act, 1951. A copy of Recruitment Rules dated 18.06.2016 is annexed hereto and marked Annexure-X4 to this affidavit. 8. At the cost of repetition, I humbly submit that no hierarchy for the post of Police Sub Inspector is available under the Gujarat Police Act, 1951 and as on the date, no recruitment Rules are in existence. I, therefore, respectfully submit that the State authorities are trying to picturise the situation before this Hon'ble Court that there are 344 posts of Police Sub Inspector would be created is nothing but an eye-wash. Therefore, the appellants humbly request this Hon'ble Court that the respondent State authorities are directed to produce evidence in support of their stand taken before this Hon'ble Court. 9. Therefore, the appellants humbly request this Hon'ble Court that the respondent State authorities are directed to produce evidence in support of their stand taken before this Hon'ble Court. 9. In that view of the matter, I respectfully submit that this Hon'ble Court may be pleased to permit the appellants to participate in the physical test and further process pursuant to the advertisement No.151/2018-19 issued by the respondent No.2, in the interest of justice considering the fact that by way of interim direction this Hon'ble Court has directed to accept the application forms of the appellants in the aforesaid recruitment process.' 17. Again affidavit-in-reply on behalf of respondent No.1 was filed by Shri Devendra A.Shah, Under Secretary, Home Department dated 29.11.2019 containing detailed facts of the number of posts and the manner in which the appointments to Police Sub-Inspectors of the Armed Cadre were made. The status of the Rules are contained in paragraphs 1 to 6 of the affidavit, which are reproduced below:- “1. It is respectfully submitted that in all there are total 1015 posts for Armed PSI (Including SRPF) in the state of Gujarat. Out of 1015 posts, 71 posts pertain to PSIs with specialized skill(dog squad, mounted, band). 2. I say and submit that as on date there are 600 Posts of P513 SRPF (Platoon Commander) and 344 posts of PSI(Armed). The ASIs(Armed) were promoted to PSIs (Armed) as per Section-165(3) of the Gujarat Police Manual, lastly the process of promotion was started in 2013, but due to several litigations raised by armed constables an order passed by the Hon'ble High Court of Gujarat in this regard and the promotion process was struck down. As promotions to the post of PSIs (Armed) could not be made, an AS! from SRPF promoted to PSI or directly recruited PSI of SRPF is posted on these 344 posts as per the requirement. 3. I say and submit that on finalization of the recruitment rules of PSIs (Armed), the 344 posts would be earmarked for PSI Armed (Which as on date is filled from SRPF as the recruitment rules are not finalized). I further clarify that 344 posts are available in the category of RSI, QRT, BDDS, GRD etc. for PSIs (Armed) on which the Armed Constabulary of Gujarat District/City shall be promoted. I further clarify that 344 posts are available in the category of RSI, QRT, BDDS, GRD etc. for PSIs (Armed) on which the Armed Constabulary of Gujarat District/City shall be promoted. A chart indicating the vacancy from Armed Constabulary of Gujarat District/City to be promoted as armed PSIs/RSIs is annexed hereto and marked as Annexure-R-l to this affidavit in reply. 4. I say and submit that the posts in the state of Gujarat in all 1015 are as such PSI(Armed) Class III. There is no specific post created either under SRPF Act, 1959 or under Bombay Police Act, 1951. All posts are created as police sub inspector (Armed) (Class III). However when the posts under SRPF are created, the budget provision would be made from SRPF while the posts created for Gujarat District/City, the budget provision would be made from the district police. Therefore, all posts in the state of Gujarat for the P313 (Armed or SRPE‘) are known as 9813 (Armed) Class III. A copy of one such resolution dated 16/09/2019 and 04/08/2014 13 annexed hereto and marked as Annexure R-2 to this affidavit in Reply. 5. I say and submit that since, the ASIs(Armed) where earlier promoted as per section-165(3) of the Gujarat Police Manual which was struck down, the promotions to the post of PSIs(Armed) could not be made. In the interregnum, PSIs SRPF were placed within the districts and City as PSI(Armed). 6. I state that 344 posts shall be earmarked only for PSI (Armed) of City/District on finalization of proposed recruitment rules as per the rules. The grievance of the appellant: that there are no posts available is therefore, misconceived.” 18. The appellants again responded to the said affidavit by way of affidavit dated 2.12.2019 containing the relevant assertions in paragraphs 2 to 7, which again are reproduced below for the sake of accuracy: “2. I respectfully submit that earlier affidavits filed by highest Officers of the State made definite statements that there are posts of Police Sub- Inspector (Armed) on the establishment of Police Department under Gujarat Police Act. 1951 and that there are recruitment rules for the same. I respectfully submit that earlier affidavits filed by highest Officers of the State made definite statements that there are posts of Police Sub- Inspector (Armed) on the establishment of Police Department under Gujarat Police Act. 1951 and that there are recruitment rules for the same. I further respectfully submit that the Learned Single Judge also proceeded on the assumption based on such affidavits that there is a promotional hierarchy whereby the Armed Constabulary can be promoted from Armed Constable to Armed Head Constable to Armed Assistant Sub-Inspector to Armed Police Sub-Inspector and to Armed Police Inspector. On the basis of such statements which are factually incorrect, the Learned Single Judge dismissed the petition and again such statements are made by the respondents in the present proceedings. For the convenience of this Hon’ble Court. I point out the following facts that are, in my respectful submission, relevant to the issues. 3. Undisputedly, there are two separate legislations in respect of the State disciplined force in the State of Gujarat. One being, Gujarat (Bombay) Police Act, 1951 and Gujarat (Bombay) State Reserve Police Force Act, 1951. There are separate establishments under both legislations. Under Gujarat Police Act, Section 5 prescribes Constitution of Police Force. It specifically provides that the Police Force shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the State Government may by general or special order determine, the recruitment, pay, allowances and all other conditions of service of the Police Force shall be such as may from time to time be determined by the State Government by general or special order. The section further provides specifically that the rules and orders governing the recruitment, the allowances and other conditions of service of the members of the Police Force constituted under any of the Acts mentioned in Part I or II of Schedule-I and deemed it to be the members of the Police Force under Section 3, shall continue in force until altered or cancelled under clause (b), but in case of members of the Police Force, constituted under any of the Acts mentioned in Part II of that Schedule such alteration or cancellation shall be subject to the proviso to Sub-Section (7) that of Section 115 of the States Reorganisation Act, 1956. I respectfully submit that no such general or special order is produced by the deponents of either of the affidavits to show the number of the personal in any rank or giving the details of the organisational set up of Police Force under the Gujarat Police Act, 1951. 4. As distinguished from the Police Force under the Police Act, 1951 a separate legislation namely, Gujarat State Reserve Police Force Act, 1951 is enacted providing for the Constitution of State Reserve Police Force. Rules are also framed under the said Act, namely, the Gujarat State Reserve Police Force Rules. 1959. Rule 6 provides for the complete organisational set up of each Group. The post of Police Sub-Inspector is a rank equivalent to Platoon Commander under the State Reserve Police Force Act. In addition thereto, whenever the legislature wanted specific distinction between two establishments, it has consciously used terminology for that purpose. For example, the State framed Sub- Inspector, Class III, (Combined Competitive Examination for Direct Recruitment) Rules, 2016. Rule 3 provides that the candidate, possessing the requisite educational qualifications, other qualifications and requirements for the appointment to the post as specified in Appendix-l prescribed under the relevant recruitment rules shall be eligible for admission to the examination. Appendix-l specifically refers to 2 posts namely Police Sub-Inspector (Unarmed) Class III, in the State Police Force and Platoon Commander and Police Sub- Inspector (Armed), Class III, in the State Reserve Police Force. A. copy of the examination rules, 2016 is produced herewith and marked as Annexure AAR-l. I respectfully submit that these provisions make it absolutely clear that there is no post of Police Sub-Inspector (Armed), Class III, in Police Force under Gujarat Police Act, 1951. 5. My submission further gets support from the Recruitment Rules for the post of Platoon Commander/Armed Police Sub-Inspector, Class III, in the Gujarat State Reserve Police Force framed on 18 June 2016 in exercise of the powers conferred by section 21 of the Gujarat State Receive Police Force Act, 1951 it provides for two modes of recruitment, namely, direct recruitment and promotion. To be eligible to the post of Platoon Commander/Armed Police Sub-Inspector, Class III, in the Subordinate Service of the Gujarat State Reserve Police Force, one has to have not less than five years' experience in the cadre of Assistant Sub-Inspector, Class III in the Subordinate Service of the Gujarat State Reserve Police Force. 6. To be eligible to the post of Platoon Commander/Armed Police Sub-Inspector, Class III, in the Subordinate Service of the Gujarat State Reserve Police Force, one has to have not less than five years' experience in the cadre of Assistant Sub-Inspector, Class III in the Subordinate Service of the Gujarat State Reserve Police Force. 6. If the deponent is right in submitting that there are 1015 posts of Police Sub-Inspectors (Armed) common between the Police Force and Reserve Police Force, he has to explain as to why only Assistant Sub-Inspectors under the Reserve Police Force are held eligible to be promoted under the recruitment rules. Even while tiling an affidavit before the Hon’ble Supreme Court of India, in litigation, the State Of Gujarat showed the posts of Police Sub-Inspector (Armed) only under the State Reserve Police Force Act. A copy of the affidavit filed by Shri Gunjan Vora, Under Secretary on 23rd February 2017 in Writ Petition (Civil) No. 183 of 2013 together with its annexures is produced herewith and marked as Annexure AAR-2 to the present rejoinder. The Annexure-R/l to the aforesaid affidavit shows the establishment of Police Personnel as on 31st January 2017 wherein no post of Armed PSI is shown in the Police Force whereas the post of Armed PSI is shown specifically in State Reserve Police Force numbering 975 as on 3lst January 2017. If, the total number as on date is 1015, it defies logic as to how and in what manner 344 posts are belonging to the Police Sub-Inspector (Armed) in the Police Force under Gujarat Police Act, 195l. I respectfully submit that even the statement annexed to the Affidavit med by Shri Shah refers to the post of Reserve Sub-Inspector. At this stage the definition of Reserve Police Officer found in section 2 (h) would be relevant that reads as follows. “Reserve Police Officer” means any member of the State Reserve Police Force established under this Act.” Therefore, I respectfully submit that the statement that there is no specific post created either under the SRPF Act, 1959 (sic 195l) or under Bombay Police Act, 1951 is not true and the same is contrary to the statutory provisions as well as the recruitment and examination rules framed under two separate statutes. 7. 7. I respectfully submit, assert and reiterate that there are no posts of Police Sub-Inspector (Armed) under the Gujarat Police Act, 1951 and the posts exist only under the Gujarat State Reserve Police Force Act, 1951 which statement is supported by the Rules framed under that Act and the posting/promotion orders placed by me on record of this case that makes it absolutely clear that the appointment/promotion/posting are given only under the State Reserve Police Force Act and not under the Gujarat Police Act.” 19. In the above backdrop of facts as placed on record by way of affidavits and having considered the submissions advanced, we now proceed to deal with the same. 20. From a perusal of the above pleadings and the submissions, it is clear that as of date, there were no rules earmarking the posts of Police Sub-Inspectors (Armed) in the State Police. However, under the directions of this Court passed in another case, the State is now in the process of framing the rules which are at the stage of finalization and being notified. Specific stand has been taken by the Government giving the details of the posts earmarked for Police Sub-Inspectors (Armed), to be filled up by the Head Constables and Assistant Sub-Inspectors (Armed) by way of promotion and other modes. 21. It may also be noted that earlier, the Head Constables and Assistant Sub-Inspectors (Armed) were granted promotions although against the posts of State Reserve Police Force establishment. It is also apparent that after framing of the rules as noted above, the Government would immediately start with the process to fill up the vacant posts of Police Sub- Inspectors (Armed) in accordance with the rules, thus, ventilating and remedying the grievances of the appellants. 22. As substantial time has elapsed and may be the appellants, who are Head Constables and Assistant Sub-Inspectors of the Armed Cadre of the Gujarat State Police, had no earmarked posts of Police Sub-Inspectors (Armed), we deem it proper to direct the State to complete the entire exercise within a fixed time frame without any further delay. 23. 22. As substantial time has elapsed and may be the appellants, who are Head Constables and Assistant Sub-Inspectors of the Armed Cadre of the Gujarat State Police, had no earmarked posts of Police Sub-Inspectors (Armed), we deem it proper to direct the State to complete the entire exercise within a fixed time frame without any further delay. 23. Accordingly, without interfering with the order of the learned Single Judge, as apparently the relief claimed by the petitioners could not have been granted, we dispose off these appeals with a direction to the respondents to complete the finalization of the Rules which are in the pipeline and notify the same within a period of two months from the date of submitting a certified copy of this order and to immediately thereafter start the process of promotion to the vacant posts of Police Sub-Inspectors (Armed) in accordance with the Rules and complete the said process within a further period of two months strictly in accordance with the law. 24. There shall be no order as to costs. Direct service is permitted.