Judgment

JUDGMENT:- This appeal by special leave is directed against the decision of a Division Bench of the Patna High Court rejecting the writ petition of the appellant who had claimed for being absorbed in the regular Police Force on the basis of exercise of option.

2. It is not disputed that until 6th of May, 1970, there was a combined police force in the State of Bihar raised under the Police Act of 1861 which included regular police personnel and those serving in the Signal (Wireless) Branch. On 6th of May, 1970, the wireless wing was separated. Admittedly, the appellant was recruited as a constable in the wireless wing after May, 1970. A Division Bench of the Patna High Court in C.W.J.C. No. 21 of 1968, disposed of on 9th May, 1969, while dealing with the case of literate constables recruited into the Bihar Police Signals directed :-

"We, therefore, direct the respondents to treat the petitioner as a member of the single police force until two separate cadres are created for the wireless and the general sections by asking the personnel to opt for one or the other and to consider his case in the matter of promotion along with the other literate constables of the general police force."

On 9th of May, 1970, the State Government issued the following direction to the Inspector General of Police :-

"Sub :- Declaration of the General

Wireless Organisation of the

police department as a closed

cadre and separate from the

general police cadre.

Orders - Sanctioned with effect from the date of issue of the order.

2. All the existing permanent and temporary posts of the police wireless organisation will be deemed to be a part and parcel of the above cadre.

3. The existing staff of the police wireless organisation will have the option either to remain within the above mentioned cadre or to opt for the general police cadre. The option will have to be exercised within three months. from the date of issue of the order ................."

On lst January, 1974, further instructions were issued to the Inspector General of Police to the following effect :-

"Sub:- C.W.J.C. No. 21/68 - Sh. Ramdev Singh v. State of Bihar and others - for the implementation of the orders of the Patna High Court.

Sir,

With reference to the D. O. , letter No. 3247 dated 27-7-74 of Shri T.P. Sinha, Assistant, Inspector General of Police (Communication) on the subject above mentioned, I have been directed to say that the State Government has taken the decision that fresh option to be taken from the existing staff of Police Wireless Organisation in connection with their adjustment in the general police cadre. The option can be taken within two months of the issue of the orders ........ "

The appellant claimed that he was entitled to exercise option and since option was not asked from him, he may be reverted to the general cadre. When that was not done, he applied to the High Court for direction. The High Court found that the benefit of option was confined to recruits prior to 6th May, 1970 and since the appellant had been recruited long after that date, he was not entitled to the exercise of benefit of option. The writ application was accordingly dismissed and that decision is the subject-matter of the appeal.

3. We have read the judgment of the High Court with reference to the documents placed and heard learned counsel for parties. There is no doubt that the High Court was right in finding against the appellant that the option in terms of the instructions dated 1st of Oct. 1974 was available to those who came within the ambit of the earlier judgment. Thus the appellant being a recruit of 1972-73, not in the combined cadre but in the wireless organisation, was not entitled to the benefit of option. His appeal is, therefore, liable to be dismissed.

4. Before we part with the appeal, we would like to take notice of another aspect. In course of hearing of the appeal, to a query made by us, learned counsel for the appellant indicated the reason as to why the appellant was anxious to s