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Supreme Court of India
THE HONOURABLE MR. JUSTICE R. V. RAVEENDRAN & THE HONOURABLE MR. JUSTICE B. SUDERSHAN REDDY
Md. Abdul Kadir & Another
Versus
Director General of Police, Assam & Others
Civil Appeal No. 7922 of 2002
Decided on : 22-04-2009
(1987) 4 SCC 634; (1992) 4 SCC 99; (1995) 3 SCC 474; (2003) 5 SCC 388; (2005) 5 SCC 122; (2006) 4 SCC 31; (2007) 2 SCC 332; (2007) 2 SCC 513 – Relied upon
(b) Service law – Artificial beaks – Additional PIF scheme – Only ex-servicemen eligible – Appointed after regular selection process – Once appointed they ought to be continued till the scheme – Annual termination and reappointment – Unnecessary and humiliating – Quashed. (Para 8)
(c) Administrative law – PIF and additional PIF Scheme – PIF continuing for five decades and Addl. PIF for two decades – Ad hoc employees doing same work as those by BSF – Even part of APIF is manned by regular police force – It will be moral boosting if the ad hoc employees are made permanent – Government may take a policy decision. (Para 9)
(d) Service law – Pay – First appellant appointed on a time scale of pay – Second appellant appointed on fixed pay – State Government drawing reimbursement for both and other similarly placed employees on time scale of pay basis – It should pass on the benefit to the employees – Further the two employees doing the same work should not be treated differently. (Para 9)
Facts of the case:
A selection board was constituted for selection of ex-servicemen to the various additional posts which were sanctioned under the Additional Prevention of Infiltration of Foreigners Scheme for Assam.
The first appellant was selected and appointed as a sub-Inspector on 1.9.1988 after undergoing the selection process in the time scale of pay of Rs. 620-25-745-EB-30-895-EB-35-1315 plus allowances. The second appellant was selected and appointed as a sub- Inspector on 17.3.1995 on a fixed basic pay of Rs. 1375/- (being the minimum in the pay scale applicable to Sub- Inspectors) plus allowances. The appointment letters issued to them by the Inspector General of Police (Border) Assam made it clear that the appointments were purely on ad hoc and temporary basis and that they could be discharged without assigning any reason or notice, in any contingency in future.
The Inspector General of Police, (Border) Assam issued a Circular dated 17.3.1995 laying down the procedure for appointment/continuation of ex-serviceman as ad hoc Border staff.
Aggrieved by the process of termination and reappointment introduced by the said circular and the consequences thereof appellants 1 and 2 filed Civil Rule in the High Court.
A Single Judge of the High Court allowed the writ petition.
Feeling aggrieved the Director General of Police, Inspector General of Police (Border) and Superintendent of Police (Border), Assam, filed a writ appeal which was allowed.
Finding of the Court:
Appellants cannot claim regularisation. However, Government may consider a change of policy.
Result:
Appeal partly allowed.
Judgment :-
R.V. Raveendran, J.
The Government of India formulated the Prevention of Infiltration of Foreigners Scheme (PIF Scheme for short) for Assam, for strengthening the Assam Governmental machinery for detection and deportation of foreigners in the year 1960. The scheme has been extended from time to time and is in force even now. By communication dated 3.6.1987, the Government of India informed the Govt. of Assam about the sanction of the following additional posts by the President under the PIF Scheme: Inspectors-5, Sub- Inspectors-323, Head Constables-306 and Constables-646. Under the said PIF Additional Scheme, the Government of India agreed to reimburse the cost of pay and allowances of persons employed in the additional posts provided all the additional posts were filled by only ex-servicemen. It also agreed to reimburse all other expenditure incurred by the State for the said Additional Scheme. The PIF Additional Scheme provided that the sanction will be valid for the period of two years from the date of its issue (3.6.1987), to be reviewed thereafter along with the main PIF Scheme.
2. A selection board was constituted for selection of ex-servicemen to the various posts which were sanctioned under the Additional Scheme dated 3.6.1987. The first appellant, an ex-serviceman, was selected and appointed as a sub-Inspector on 1.9.1988 after undergoing the selection process in the time scale of pay of Rs. 620-25-745-EB-30-895-EB-35-1315 plus allowances. The second appellant, also an ex-serviceman, was selected and appointed as a sub- Inspector on 17.3.1995 on a fixed basic pay of Rs. 1375/-(being the minimum in the pay scale applicable to Sub- Inspectors) plus allowances. The appointment letters issued to them by the Inspector General of Police (Border) Assam made it clear that the appointments were purely on ad hoc and temporary basis and that they could be discharged without assigning any reason or notice, in any contingency in future.
1. 3. The Inspector General of Police, (Border) Assam issued a Circular dated 17.3.1995 laying down the following procedure for appointment/continuation of ex-serviceman as ad hoc Border staff:
(i) All appointments shall be for a contract period of one year.
(ii) Termination notice should be issued to every ad-hoc employee at least 45 days before the date of expiry of one year from the date of appointment.
(iii) The ad hoc employee, on receiving information regarding termination from service, shall, if he desires to continue, send an application seeking fresh appointment for a further term of one year. The application should reach the office of IGB (B), Assam at least 30 days before the date of expiry of one year.
(iv) The concerned DIGP (Range)/Superintendent of Police shall send a performance report and medical certificate in respect of each ad hoc employee to whom such termination notice has been issued at least 30 days before the date of such termination while forwarding the applications for fresh appointment.
(v) The applications for fresh appointment shall be considered with reference to the respective performance report and medical certificate, and those found fit and suitable will be re-appointed at least 20 days before the date of expiry of the contract period of one year.
(vi) Such fresh appointment letters shall be issued by the Superintendent of Police (Border) Assam and the ad hoc employees cleared for fresh appointment shall sign an agreement and submit his joining report.
(vii) If application for fresh appointment is not received in due time, it will be taken that the ad-hoc employee has not sought fresh appointment and he will not be considered for fresh appointment.
4. Aggrieved by the process of termination and reappointment introduced by the said circular dated 17.3.1995 and the consequences thereof appellants 1 and 2 filed Civil Rule Nos. 2065/1995 and 1698/1995 in the Gauhati High Court. According to them, but for such yearly artificial terminations, the ad-hoc emplo
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