JUDGMENT:

KAPADIA, J.

A short question which arises for determination in this civil appeal is whether the State Government could have invoked Rule 14 of the Punjab Police Service Rules, 1959 (dealing with the power of relaxation) when there was no provision in the said Rules for absorption of Deputationists on permanent basis from Central Reserve Police Force ("CRPF") in Punjab Police Service.

The facts giving rise to this civil appeal are as follows.

Shri Avinder Singh Brar, IPS was killed by the terrorists. He was an officer in the Punjab Police Service. On account of the above incident, his sister, Ms. Amrit Brar-respondent no. 4, stood appointed on 9.6.1989 as Assistant Commandant in CRPF on probation for two years. She was appointed in CRPF under above tragic circumstances. She was the only child of her parents. She was appointed in CRPF as her assignment was relatively safer in CRPF than in Punjab Police Service. These facts are important since they show that the appointment of respondent no. 4 was not compassionate but as an exception. Her appointment was to be governed by CRPF Rules. She completed here probation on completion of two years. On 16/17.8.1993, Ms. Amrit Brar was appointed on deputation to the post of Superintendent of Police (SP) in Punjab Police. She retained her lien as Assistant Commandant in CRPF till 11.9.1998 when she was absorbed as DSP in Punjab Police. She was allowed all benefits including pay and seniority from 9.6.1989. In between, Ms. Amrit Brar was promoted to the post of Deputy Commandant in CRPF in March, 1995.

The appellants herein are officers of Punjab Police Service. Some of the appellants are recipients of the Presidents medal for gallantry for having fought terrorism in the State of Punjab. The appellants challenged the orders of the State Government in the Punjab and Haryana High Court granting absorption to Ms. Amrit Brar, particularly on the ground that the Punjab Police Service Rules did not contemplate absorption of a deputationist from CRPF. The appellants challenged the absorption on the grounds that Ms. Amrit Brar was granted benefit of compassionate appointment as Assistant Commandant in CRPF in 1989 and, therefore, she was not entitled to double benefit of compassionate absorption in 1998 and that too from 9.6.1989. The appellants main grievance before the High Court was that giving the benefit of seniority to Ms. Amrit Brar from 9.6.1989 would make her senior to almost ten other officers. According to the appellants, the consequences of seniority being given to Ms. Amrit Brar would mean supersession of the appellants. According to the appellants, Ms. Amrit Brar stood appointed to Class I post in the CRPF as Assistant Commandant on compassionate ground and, therefore, there was no cause for second exercise of this power by the State Government after almost nine years. The appellants further submitted before the High Court that there were many officers on deputation with Punjab Police Service from various Para Military Forces, including CRPF, most of whom had come on deputation even prior to Ms. Amrit Brar. Appellants further contended before the High Court that, in fact, the State Government had notified Punjab Absorption of Officers of Para Military Forces (Group A) Service Rules, 2005 and under the said Rules, the State Government had created ex-cadre posts for absorption of Para Military Forces officers, who were on deputation with the State of Punjab and who were to be absorbed in Punjab Police Service. According to the appellants, if the benefit of seniority was to be given to Ms. Amrit Brar from 9.6.1989 then even in the matter of absorption she would supersede a number of other officers.

By the impugned judgment dated 24.1.2006, the High Court dismissed CWP No. 11548/96 filed by the appellants herein. One of the main grounds urged by the appellants

before the High Court was that regularization of the services of Ms. Amrit Brar with effect from 9.6.1989 and absorption