Judgment

BHARGAVA, J. : The appellant, Tarak Nath Ghosh, was appointed by Secretary of State for India to the Secretary of State s Service known as the Indian Police on 25th January, 1937. When agreement took place with the British Government for independence of India, the Central Government on 21st October, 1946, in agreement with a number of Provincial Governments including the Government of Bihar, constituted another Service known as the Indian Police Service. Recruitment to this Indian Police Service began on 15th August, 1947, after India attained Dominion status. Subsequently on 23rd January, 1950, the Governor-General, in consultation with the Provincial Governments, promulgated rules for forming a cadre for the Police Officers. The Rules, known as the Indian Police (Cadre) Rules, 1950, came into force on 23rd January, 1950, and laid down that a number of posts mentioned in the Schedule would be treated as cadre posts and no cadre post shall be filled otherwise than by a cadre officer. Amongst the cadre officers defined in the Rules were included members of the Indian Police and of the Indian Police Service. On 26th January, 1950, the Constitution of India came into force and