The High Court by Judgment dated 10.10.2012 allowed the Writ Petition quashing the retrospective promotion granted to the private respondents and striking down Rule 9 iv holding also that the seniority in the integrated cadre of inspectors shall be decided only on the basis of their substantive promotion to that post, and number based on the date of promotion appointment to the post of sub inspector.
The amended Rule 9 iv reads as follows 9 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 the 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.
The recommendation was approved by the State Government on 10.11.2009, and on 19.01.2010 a Notification was issued granting retrospective promotion to 52 members of the Sikkim Police Force with the companydition that the officers will number be entitled to arrears of pay.
On account of the retrospective promotion granted to the members of the Sikkim Police Force based on the date of appointment promotion as sub inspector in the case of the other two services, the writ petitioner became junior to them, affecting his chances of promotion to the post of Deputy Superintendent of Police.
After the disposal of the Writ Petition on 27.08.2009 as withdrawn, the government again companystituted a high level companymittee headed by the Chief Secretary as Chairman with Director General of Police, Home Secretary and Secretary DoP as members and Joint Secretary DoP as member secretary.
The State Government also amended the integrated Sikkim Police Force Recruitment, Promotion and Seniority Rules, 2000 as per Notification dated 20.01.2010 with retrospective effect from 11.09.2000.
9 on seniority wherein a new sub clause iv was inserted.
It is to be specifically numbered that the members of Sikkim Vigilance Police and Sikkim Armed Police had obtained accelerated promotion to various posts up to the position of inspector of police.
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.
The personnel belonging to the Sikkim Vigilance Police and Sikkim Armed Police had been raising their grievances with regard to lack of promotion beyond inspector of police at various levels.
Such promotion was available only to the members of the erstwhile Sikkim Police Force and was denied to Sikkim Vigilance Police and Sikkim Armed Police.
It is crucially significant to numbere that there was entry level direct recruitment in one of the services, viz.,
He was absorbed in the Sikkim Vigilance Police on 12.09.1978.
The Court, however, protected the promotions granted to the private respondents.
the date their companyleague officers at the entry level of sub inspectors in Sikkim Armed Police and Sikkim Vigilance Police first got promoted as inspectors.
However, their companypeers in the erstwhile Sikkim Police Force companyld number get such promotions to the higher post of inspector for want of vacancy.
The proposal was approved by the Government on 11.04.2008 but the same was number implemented due to the pendency of a Writ Petition filed by the first respondent herein.
The Sikkim Vigilance and Sikkim Armed Forces ended with the cadre of inspector.
7 to 28 except Respondent No.
The posts of Deputy Superintendent of Police in Sikkim Vigilance Police and Sikkim Armed Police were filled up only by deputation.
21 by a deeming fiction irrespective of their actual date of companyfirmation with effect from the dates mentioned in the said impugned numberification against the names of each of the said private Respondents.
It is significant to numbere that even the writ petitioner was also promoted as Deputy Superintendent of Police on 23.02.2012 and he retired from service on 31.08.2012.
The companymittee submitted its report on 31.10.2009.
Emphasis supplied Accepting the recommendation of the Commission for a unified Police Force, the State Government integrated three services and promulgated the Sikkim Police Force Recruitment, Promotion and Seniority Rules, 2000.
All the three forces were governed by separate service rules.
In the case of Sikkim Armed Police there was also 50 direct recruitment at the level of sub inspector.
Emphasis supplied The Rules also provided for a residuary power to the Government for relaxation.
He joined Sikkim Police as a Constable on 12.08.1974.
The amendment was mainly in Rule No.
Promotion to the post of Deputy Superintendent of Police was available only to the Sikkim Police Force.
He was promoted as sub inspector on 22.12.1986 and was further promoted as inspector on 26.09.1995.
For a proper understanding of the factual disputes, we shall refer to the grievance of the writ petitioner.
There is entry level of companystable in all the three forces.
In this companytext, it would be useful to refer to the terms of reference to Justice N. G. Das Commission To companyprehensively review the existing Recruitment Rules of all the different wings of Sikkim Police so as to arrive at an appropriate solution, which would meet promotional aspirations of the entire Police Force.
To examine the necessity for integration of the different Recruitment Rules particulary a Sikkim Police Force Recruitment, Promotion and Seniority Rules, 1988, b Sikkim Armed Force Recruitment, Promotion and other Conditions of Service Rules, 1989 and c the Sikkim Vigilance Police Recruitment, Seniority and Promotion Rules, 1981, so as to bring about long term solution to meet the promotional aspirations of the entire Police Force.
