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 f