IMPORTANT POINT
Umadevi’s judgment cannot become a licence for exploitation by the State and its instrumentalities.

Judgment :-

Chelameswar, J.

1. Leave granted in SLP (Civil) No.12448 of 2009.

2. Since both the appeals raise a common question of law, the same are being disposed of by this common judgment. For the sake of convenience, we shall refer to the facts in Civil Appeal No.1059 of 2005.

3. This appeal arises out of a judgment in CW P No. 13915 of 2002 of the High Court of Punjab and Haryana dated 23rd January, 2003. 20 unsuccessful petitioners in the above writ-petition are the appellants herein. The High Court dismissed the writ petition following an earlier judgment of a Division Bench in LPA 209 of 1992 dated 6th September, 1993, which in turn arose out of Civil Writ Petition No. 5280 of 1988. The facts leading to all these writ petitions as could be culled out from the material on record are as follows:-

4. There was a large scale disturbance in the State of Punjab in 1980s. State was not in a position to handle the prevailing law and order situation with the available police personnel. Therefore, the State of Punjab resorted to recruitment under section 17[Section 17, Police Act, 1861 – When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection of the inhabitants and the security of property in the place where such unlawful assembly or riot or disturbances of the peace has occurred, or is apprehended, it shall be lawful for any police officer not below the rank of Inspector to apply to the nearest Magistrate to appoint so many of the residents of the neighbourhood as such police officers may require to act as SPOs for such time and within such limits as he shall deem necessary and the Magistrate to whom such application is made shall, unless he sees cause to the contrary, comply with the application.] of the Police Act, 1861 (hereinafter referred to as ‘the Act’) which enabled the State (police officers not below the rank of Inspector) to appoint Special Police Officers.

5. The factual background in which persons such as the appellants herein came to be appointed is recorded in the judgment in LPA No. 209 of 1992 as follows:-“I was at the meeting held on March 24, 1984 between the Advisor to the Governor of Punjab and Senior officers of the banks in the public Sector Operating in Punjab that, after reviewing the security arrangements for banks in Punjab, it was decided that SPOs be appointed for the said purpose in terms of section 17 of the Police Act, 1861 (hereinafter referred to as the Act). This step was taken as it was felt that it would not be possible for the State Govt. to provide the requisite police guards to banks and that, thereafter, this additional force be raised, in order to do so, the banks undertook to take over the financial burden of the SPOs to be appointed, but it was clearly understood that as per the provisions of the Act, such Police Officers would be under the discipline and control of the Senior Superintendent of Police of the district concerned. As regards their remuneration it was decided that SPOs would be paid an honorarium of Rs. 15/- per day. This was, however, later enhanced to Rs. 30/- per day. Relevant in the context of the SPOs to be appointed, was the further decision”

6. The appellants herein assert that all the appellants are ex- servicemen and registered with the employment exchange. They were recruited as Special Police Officers. [Ground IV of SLP - …It was the Police Department which sent the intimation to the employment exchange and thereafter all the ex-servicemen who were enrolled with the Employment Exchange were called upon and got their option to be enrolled as Special Police Officer (SPOs) under section 17 of the Police Act, 1861. Those persons who were having armed licence were enrolled as SPOs and this enrolment was made by the Superintendent of Police, Amritsar. Similar orde