These twenty two petitions involve a common question of law and we propose to decide them by a common judgment.

The applications pray for a writ of Certiorari in order to quash an order dated 13-3-64 passed by the Government by which the organization known as Special Police Squad was disbanded and all the employees under that organization were removed from service. By a subsequent order dated 26-3-1964, the Government directed that the order disbanding the organization would take effect from 1-4-1964. The case was he and by a division bench but in view of substantial questions of law involved, it has been placed before us for an authoritative pronouncement.

The facts giving rise to the petitions lie within a narrow compass and most of them are admitted. By virtue of Government Order No. 87-C of 1954 dated January 18, 1954, Government created a special police squad of the strength shown in the Annexure to the order and directed that the squad should come into effect from 20th December, 1953, the date on which the squad was organized. It was further stated in the order that in time of need the squad will function as Special Police within the meaning of Sections 18 and 19 of the Jammu and Kashmir Police Act 1983. The actual order passed by the Government may be quoted thus :-

"Sanction is accorded to the creation of

Special Police squad of the strength shown in the Statement forming annexure to this order.

The creation of the posts and provisions of the fluctuating grants as indicated in the annexure, is also sanctioned.

This sanction will take effect from the 20th December 1953, from which date the squad was actually organized.

The squad will function as Special Police within the meaning of Section 18 and 19 of the Jammu and Kashmir Police Act, 1983, in time of need.

By order of the Cabinet."

Annexure to the order shows that by virtue of the creation of the squad there were 800 constables, some Platoon Commanders, Chowkidars, Accountants, Typists, Head Clerks, Officers in charge, Coy, Commanders, and Second Officers and a provision for fluctuating grant for financing the squad was also made in the budget. The petitioners were the members of this squad ever since its creation. This fact is not disputed by the respondent. Subsequently by an order No. Police 65/57 dated 11-5-1957 the services of the employees created under the Special Police Squad were treated to be permanent for all purposes and the order runs thus : -

"It is hereby ordered that the Special Police Squad created under Cabinet Order No 87-C of 1954 be treated permanent for all purposes.

By order of the Government of Jammu and Kashmir."

Thus the Special Police Squad started functioning after coming into existence and since 11-5-1957 the members of the squad have been treated as permanent servants under the State Government. It is alleged that from the year )956, onwards the services of most of the members of the squad were utilized with the sanction of the District Magistrate under sections 18 and 19 of the Police Act. Between 1953 to 1956, however, there is no material on the record to show as to whether or not the District Magistrate had passed an order utilizing the services of the petitioners or other members of the squad under Sections 13 and 19 of the Police Act. This state of affairs existed until the order impugned was passed which disbanded the entire organization with a direction that such of the members of the organization as may be found fit for police service would be absorbed in the police department of the State. Before passing this order, however, it is common ground that no notice as contemplated by the section 126 of the State Constitution was given to the petitioners or for that matter to any member of the squad. It is also not disputed before us that under Government order No. Police/65/57 dated 11-5-1957, referred to above, the petitioners were treated as permanent servants under the State Government. On these facts, the petitioners submit that t