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2022 DIGILAW 80 (SIK)

Kiran Chettri v. State of Sikkim

2022-11-28

MEENAKSHI MADAN RAI

body2022
JUDGMENT Meenakshi Madan Rai, J. - The Petitioners were appointed in the Indian Reserve Battalion (hereinafter, the 'IRB') as Constables, on 01-03-1996 and promoted variously, to the ranks of Lance Naik, Naik and Head Constables as per seniority and available vacancies in IRB Units. That, in the year 2019, they were in service for approximately twenty-three years. 2(i). Learned Senior Counsel for the Petitioner submits that, the only prayer in the Petition that is being pressed today is a part of prayer (iv) i.e., preparation and publication of an amalgamated Seniority list of the four forces, the second part of the prayer pertaining to the protection of the seniority of the Petitioners at the level of Head Constables is not being urged presently. The prayer is as follows; 'Under the above facts and circumstance, it is, therefore prayed that this Hon'ble Court may be pleased to admit this petition, call for the records and issue Rule calling upon the Respondents to show cause as to why a writ of mandamus/Certiorai and appropriate writ/order or direction may not be issued commanding and directing the Respondent authorities to; show cause as to why:- i) ................................................................. ii) ................................................................. iii) ................................................................. iv) An amalgamated seniority list of the Four Forces by duly protecting the seniority of the petitioners at the level of Head Constables shall not be prepared and published.' [emphasis supplied] (ii) That, in terms of the prayer, the State Respondent Nos.1 to 3 be directed to prepare an amalgamated Seniority List of the four Police Forces of the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000. That, the Petitioners be granted liberty to approach the Court, if so advised, should they be aggrieved by the Seniority List prepared by the State-Respondents No.1 to 3. Attention of this Court was invited to the Order of this Court dated 27-06-2022, wherein the State-Respondent Nos. 1 to 3 had submitted that no amalgamated Seniority List was prepared by the State-Respondent Nos.1 to 3 and therefore they have no such List to file. Attention of this Court was invited to the Order of this Court dated 27-06-2022, wherein the State-Respondent Nos. 1 to 3 had submitted that no amalgamated Seniority List was prepared by the State-Respondent Nos.1 to 3 and therefore they have no such List to file. (iii) Learned Senior Counsel for the Petitioners urged that a common Seniority List is essential for the Petitioners, to gauge their position in the overall seniority ranking of the amalgamated four services, for which strength was garnered from the observation of the Hon'ble Supreme Court in State of Sikkim and Others v. Adup Tshering Bhutia and Others (2014) 12 SCC 507 , wherein it was inter alia observed as follows; '2. The State is bound to ensure a fair and equitable treatment to officers in various categories/cadres of services while preparing the common seniority list. ...............' That, this observation of the Hon'ble Supreme Court be adhered to by the State-Respondent Nos.1 to 3. 3. Learned Additional Advocate General for the State- Respondent Nos.1 to 3 while walking this Court through the circumstances which led to the instant Writ Petition, advanced the submission that the inter se Seniority List in terms of the Notification bearing No.73/GEN/DOP, dated 09-08-2018, issued by the Department of Personnel, Administrative Reforms, Training and Public Grievances, Gangtok, Government of Sikkim, shall be prepared, for which three months time may be afforded. 4. Mr. Zangpo Sherpa, Learned Counsel for the Private Respondents endorsed the submissions put forth by the Learned Additional Advocate General and had no independent submissions to advance. 5(i). To appreciate the matter in its correct perspective the crux of the dispute is being narrated. Prior to the constitution of the integrated Sikkim Police Force with effect from 11-09-2000 as per the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, there were three different Police Services (1) Sikkim Police Force, (2) Sikkim Armed Police and (3) Sikkim Vigilance Police governed by separate Service Rules. A short history to the constitution of the integrated Police Force with effect from 11-09- 2000 as per the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, has been detailed in State of Sikkim and Others v. Adup Tshering Bhutia and Others (supra) which to prevent prolixity are not being reiterated herein. A short history to the constitution of the integrated Police Force with effect from 11-09- 2000 as per the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, has been detailed in State of Sikkim and Others v. Adup Tshering Bhutia and Others (supra) which to prevent prolixity are not being reiterated herein. (ii) The Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, was amended vide Notification of the Department of Personnel, Administrative Reforms, Training, Public Grievances, Career Options and Employment Skill Development and Chief Minister's Self Employment Scheme, Government of Sikkim bearing No.222/GEN/DOP, dated 20-01-2010, wherein the amendment inserted was as follows; 'SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok Friday 12th February, 2010 No. 35 GOVERNMENT OF SIKKIM DEPTT. OF PERSONNEL, ADM. REFORMS, TRAINING, PULIC GRIEVANCES, CAREER OPTIONS & EMPLOYMENT SKILL DEVELOPMENT AND CHIEF MINISTER'S SELF EMPLOYMENT SCHEME GANGTOK No.222/GEN/DOP Date: 20.1.2010 NOTIFICATION In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Sikkim hereby makes the following rules to amend the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, namely: 1. (1) These rules may be called the Sikkim Police Force (Recruitment, Promotion and Seniority) Amendment Rules, 2009. (2) They shall be deemed to have come into force on the 11th day of September, 2000. 2. In the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000; (hereinafter referred to as the said rules), after sub-rule (iii) of rule 9, the following shall be inserted, namely:- '(iv) (a) The inter-se-seniority of police personnel up to the rank of Assistant Sub-Inspector in the Sikkim Police and Sikkim Vigilance Police on date of amalgamation of the cadres for the purpose of their promotion to the next rank shall be determined on the basis of their date of appointment to the entry level post of Constable. (b) The inter-se-seniority of Police Inspectors of Sikkim Police, Sikkim Vigilance Police, Sikkim Armed Police and Indian Reserve Battalion on the date of amalgamation of the cadres for the purpose of their promotion to the rank of Deputy Superintendent of Police shall be determined on the basis of their date of appointment to the entry level of Sub- Inspector.' 3. (b) The inter-se-seniority of Police Inspectors of Sikkim Police, Sikkim Vigilance Police, Sikkim Armed Police and Indian Reserve Battalion on the date of amalgamation of the cadres for the purpose of their promotion to the rank of Deputy Superintendent of Police shall be determined on the basis of their date of appointment to the entry level of Sub- Inspector.' 3. In the said rules, in Schedule l, the existing paragraph (b) under the Column 8, against the post of Assistant Sub-Inspector and in Schedule ll, the existing paragraph (b) under the column the column 8, against the post of Sub- Inspector and Inspector, shall be omitted. 4. In the said rules, after rule 16, the following shall be inserted, namely:- '17. Power to relax: Where the Government of Sikkim is of the opinion that it is necessary or expedient to do so, it may, by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons or post.' BY ORDER. JOINT SECRETARY TO THE GOVERNMENT DEPTT. OF PERSONNEL, ADM. REFORMS, TRAINING, PULIC GRIEVANCES, CAREER OPTIONS & EMPLOYMENT SKILL DEVELOPMENT AND CHIEF MINISTER'S SELF EMPLOYMENT SCHEME' (ii) Another amendment took place in the said Rules vide Notification of the Department of Personnel, Administrative Reforms, Training and Public Grievances, Government of Sikkim, bearing No.73/GEN/DOP, dated 09-08-2018, wherein the following amendment in Rule 9 of Sub-Rule (iv), after Clause (b), the Clauses, i.e., (c) and (d) inserted; '.................................................................... NOTIFICATION ...................................................................... Amendment of Schedule 2. In the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 2000, in rule 9, in sub-rule (iv), after clause (b) the following clauses shall be inserted, namely;- '(c) The inter-se-seniority of all the Head Constables of Sikkim Police, Sikkim Vigilance Police, Sikkim Armed Police and Indian Reserve Battalions shall be common for the purpose of their promotion to the rank of Assistant Sub-Inspector which shall be determined on the basis of their date of appointment to the entry level post of Constable. (d) Head Constables eligible for promotion to the rank of Assistant Sub-Inspector, on promotion, shall be liable to be posted to any branch of Sikkim Police where the vacancies arise.' ......................................................................' 6(i). (d) Head Constables eligible for promotion to the rank of Assistant Sub-Inspector, on promotion, shall be liable to be posted to any branch of Sikkim Police where the vacancies arise.' ......................................................................' 6(i). It is the Petitioners case that pursuant to the amalgamation of the four forces, a common inter se Seniority List of the Police Personnel in the amalgamated service has not been prepared till date. Consequently, although the Petitioners have been in service for more than twenty-three years, in the absence of an inter se seniority list they are unable to gauge their seniority in terms of the amalgamated service. The State-Respondent Nos.1 to 3 have admitted, as reflected in the Order of this Court dated 27-06-2022, that amalgamated Seniority List has not been prepared. (ii) Rule 9 of the Sikkim Police Force provides that Seniority would be determined by order of merit in which they were selected for recruitment. By the Notification dated 09-08- 2018 referred to supra in Rule 9 of Sub-Rule (iv), after Clause (b), the Clauses, i.e., (c) and (d), were also inserted as already extracted supra making provision for inter se seniority of ranks detailed in the insertions. 7. In light of the foregoing submissions and the limited dispute supra projected today, the State-Respondent Nos.1 to 3 are hereby directed to prepare an amalgamated Seniority List of the four Forces, i.e., (1) Sikkim Police, (2) Sikkim Vigilance Police, (3) Sikkim Armed Police and (4) Indian Reserve Battalion, in terms of the Notification bearing No.73/GEN/DOP, dated 09-08-2018. It is expected that the process will be completed within three months from today. 8. The Petitioners are at liberty to approach the Court if aggrieved, and so advised. 9. WP(C) No.18 of 2019 stands disposed of in terms of the above directions. 10. Pending Applications, if any, also stand disposed of.