JUDGMENT

UNTWALIA, J.:—The only point which falls for our determination in this appeal by special leave is whether clause 7 (1) (a) of the Bombay Police Officers (Combined Cadre) Conditions of Service Order, 1954, hereinafter called the Order. made by the Government of Bombay in exercise of the powers conferred by clause (b) of Section 5 of the Bombay Police act, 1951 is constitutionally invalid being violative of Articles 14 and 16 of the Constitution of India as has been held by the Bombay High Court in the Writ Petition filed by respondent No. 4.

2. In the Province or the State of Bombay, there were two separate police forces - the Mofussil police force governed by the Bombay District Police Act, 1890 and the City Police of Bombay governed by the City of Bombay Police Act, 1902. Some steps for intermixing and inter-transfer of officers of one force to the other were taken by making some provisions in Bombay Act XVI of 1949 called the Police Forces (Control and direction) Act, 1949. The Bombay Police Act of 1951 repealed the earlier Acts. Under the Order which came into force on and from the 1st August, 1954, provision was made in clause 4 empowering the State Government whenever