The seniority of lower subordinates in the Punjab Police Force is governed by the date of appointment during the probationary period, but after confirmation, the seniority is finally determined by the date of confirmation.

S.S.SANDHAWALIA, J.

1. Whether the seniority of lower subordinates in the Punjab Police Force is governed by the date of their appointment only and is not to be finally determined by the date of their confirmation, is the significant question which has necessitated this reference to the Full Bench.

2. The facts in so far as they are relevant to the basic legal issue aforesaid, lie in a narrow compass. The petitioner joined the Punjab Police Force as a Constable on the 7th July, 1964 and was promoted as Head-Constable with effect from the 15th of April, 1967. As against this, respondents Nos. 3 and 4 were promote as Head-Constables after the petitioner, on August 5, 1969 and August 10, 1969, respectively. However, both these respondents were later confirmed as Head-Constables on the 22nd of March 1976. The admitted position is that the petitioner continues to be an unconfirmed Head-Constable so far.

3. The petitioner s primary claim is that despite the fact that he has not been confirmed in the post of a Head-Constable, he nevertheless ranks senior to respondents Nos. 3 and 4 because according to him seniority inter se of all lower subordinates is to be governed by their dates of appointment to the post and has no relevance to their subsequent dates of confirmation. On these premises, he claims to rank higher than respondents Nos. 3 and 4 and thus entitled to be deputed for the Intermediate School Course at the Police Training School at Phillaur in preference to the two respondents.

4. At the very outset, I may notice that the learned counsel for the petitioner faced an uphill task in so far as he was canvassing for a construction which has nothing to commend itself on principle. In effect the stand on behalf of the petitioner is that an unconfirmed officer is to rank senior to one duly confirmed in that very rank. In actual practice, it would lead to the effect that an officer who because of his atrocious service record may not be even fit for confirmation, would nevertheless continue to claim seniority over others who by virtue of their excellent records stand duly confirmed. This would be so owing to the mere incident of his having been promoted earlier to them. That such a situation would be anomalous is indeed plain and was even conceded by the learned counsel for the petitioner.

Therefore, unless compelled by the clearest, mandate of the law, one would find it difficult to arrive at such a result on principles of logic. I find no such statutory compulsion in the language of the rules to which I would advert in detail hereafter. The learned counsel for the petitioner was hard gut to pin point any other provisions in the whole gamut of numerous service rules which would provide that an unconfirmed person is to rank senior to another confirmed in the same rank. By and large, the rationale and tenor of service rules is that a confirmed and substantive member of the service is to rank higher than those not confirmed. I, therefore, on principle, see no reason to easily accede to a construction which would introduce a rather anomalous rule of seniority within a disciplined force.

5. However, the answer to the basic issue herein must inevitably turn on the construction of sub-rule (3) of R. 12.2 and sub-rule (2) of R. 14.1 of the Punjab Police Rules, 1934 . It is, therefore, both convenient and indeed necessary to read these two provisions before adverting to the rival contentions advanced on either side.

"12.2 (1) xx xx xx

(2) xx xx xx

(3) All appointments of enrolled police officers are on probation according to the rules in this chapter applicable to each rank.

Seniority, in the case of upper subordinates, will be reckoned in the first instance from date, of first appointment, officers promoted from a lower rank being considered senior to persons appointed direct on the same date, and the seniority of officers appointed direct on the same date being reckoned according to age. Seniority shall, however, be finally settle