ORDER

The petitioners are the head constables of the Gujarat Police. When the government decided to set up a separate organisation to be called as Intelligence Bureau, these petitioners were drifted into that bureau way back in the year 1991 by way of deputation. It was indicated also in the scheme that was framed for having this bureau, that recruitment rules will be separately framed for the re-designated posts incorporating, inter alia, the method of filling them. In accordance with the aforesaid provisions in the scheme, that was evolved on 3rd November, 1990, rules came into existence by a notification dated 7.12.1991. Under the rules, more specifically rule 29(a), it was stipulated that the post in the bureau could be manned by direct selection or by transfer of a person from amongst the persons working in the cadre of head constables, grade-I or grade-II (armed branch or unarmed branch or wireless branch) of the Gujarat subordinate service. The rules also provide for test to be held for selecting people to be brought on transfer from Gujarat police to the Intelligence Bureau. The petitioners were permitted to continue in the Intelligence Bureau even after the enforcement