PETITIONER:
SRI SISIR KUMAR MOHANTY
Vs.
RESPONDENT:
STATE OF ORISSA & ANR.
DATE OF JUDGMENT28/11/1995
BENCH:
RAMASWAMY, K.
MAJMUDAR S.B. (J)
CITATION:
1996 SCC (7) 120 JT 1995 (9) 121
1995 SCALE (6)771
ACT
HEADNOTE
JUDGMENT
WITH
WRIT PETITION [C] NO.692 OF 1993 Bhikari Charan Parida & Ors. v State of Orissa & Anr.
ORDERC.A. No.2091/90
This appeal by special leave arises from the order dated July 11, 1988 made by the Orissa Administrative Tribunal, Bhubaneswar in T.A. No.819 of 19878 [OJC 1215/84]. The appellants are members of ministerial staff in the Police Department of Orissa working as Lower Division Clerks in the offices of the Superintendent of Police and other district offices. They claimed parity of pay-scales and other benefits with the ministerial staff working in the offices of DIG, IG or DGP at the headquarters. The relief was denied by the Tribunal on the ground that they constitute separate cadre and, therefore, the ministerial staff working in the district headquarters could not be considered to be on par with the staff working in the offices of DIG, IG or DGP, as the case may be. When the matter came up for consideration before this Court, after hearing the counsel at length, by order dated September 7, 1994 this Court directed as under :
Shri Santosh Hedge, learned senior
counsel for the appellant, relying upon
the resolution of the Govt. of Orissa,
dated September 7, 1974, in particular
paras 2 and 4 thereof, contended that
all the police ministerial officers were
treated as a whole unit, though they had
earlier formed part of separate cadres
and were given the benefits of special
pay, rent free accommodation, house rent
allowance although as a common cadre,
incidentally all the benefits of the
common cadre also stood extended. In
support thereof, he sought to place
reliance on the orders of transfer and
postings effected in the office order
No.617-Administration, dated May 4, 1981
in which certain staff were inter-
transferred from DPO Office to DIG SR
etc.
It is contended for the State that
though the said method was adopted only
for the purpose of disciplinary control,
for the purpose of recruitment,
appointment and control the police
ministerial staff are controlled by
Section 7 of the Police Act, 1862 and
the Orissa Ministerial Service (Method
Recruitment and Conditions of Service of
Clerks and Assistants in the District
Offices and Offices of the Heads of
Departments] Rules, 1963 would continue
to operate. In consequence, the
ministerial staff appointed in the
district offices are different from the
ministerial staff working in the heads
of the department and that, therefore,
the same benefits or the scale of pay
etc. were not extended to the staff
working in the district offices. Section
7 of the Act speaks of the appointment
etc. are [sic.] subject to Art.311 of
the Constitution and the Rules made
under the Act or any other rules made in
that behalf from time to time. When we
asked the counsel for the State to point
out to us whether any separate rules
under Section 7 were made or any
resolution in exercise of the powers
under Section 7 was passed by the State
adopting 1963 Rules as a part, for the
purpose of appointment and
administrative control of the
ministerial staff working in the
district offices as well as in the
offices of the heads of the departments
in the police department, it was said
that since this question was not
canvassed nor argued in the Tribunal,
they did not have an occasion to look
into the matter and place the necessary
material before this Court. Since this
is the crucial question that arises for
decision in this case, the material is
necessary. Counsel seeks for and is
granted four weeks’ time to place the
necessary material on record."
Thereafter, the Government has placed before us the statutory rules issued under proviso to Article 309 of the Constitution, viz., the Orissa District Police Ministerial Officers [Method or Recruitment and Conditions of Service] Rules, 1995 [for short, "the Rules] which came into force w.e.f. February 24, 1995. These Rules made a demarcation between the ministerial staff working in the district offices and those working in the offices of DIG, IG and DGP. The method of recruitment and the nature of the conditions of service have been enumerated thereunder.
From these circumstances, it is contended for the appellant by Shri Das, learned counsel that preceding February 24, 1995 there were no statutory rules or administrative instructions regulating the recruitment, transfer and posting of the ministerial staff separately in the district offices and the offices of DIG, IG and DGP respectively. On the other hand, the evidence placed on record would clearly indicate that the recruitment, posting etc. are inter-changeable from the district offices to the State level offices referred to earlier. Therefore, they are entitled to the parity of benefits of pay-scales and other emoluments. We find force in the contention.
Shri Mohta, learned senior counsel for the respondents contended that the resolution of September 7, 1974 and further proceedings of 1984 clearly indicate that they made a distinction between the ministerial staff working in the district headquarters and the ministerial staff working in the head offices, viz., DIG, IG and DGP offices, and that, therefore, the appellant cannot claim parity. We find no force in the contention. A reading of the resolution dated September 7, 1984 would clearly show and also indicates the intention that the ministerial staff is different from the executive staff of the Police Department. There is no further sub-division amongst the ministerial staff working in the district head-quarters and those working in the head offices, viz., DIG, IG and DGP offices. Under these circumstances, the appellants are entitled to the parity of the treatment with the ministerial staff working in the office of DIG, IG and DGP. Since the Rules have come into force prospectively, viz., from February 24, 1995, whatever conditions prevailing preceding that date would continue to operate and be applicable to them and the conditions in respect of anyone recruited. under the Rules will be governed by the Rules separately.
Thus considered, we hold that the appellants are entitled to the benefits of the resolution dated September 7, 1974. The appeal is accordingly allowed to the above extent. No costs. W.P. [C] No.692/93 ------------------
The writ petition is dismissed as infructuous.