IMPORTANT POINT
Service Law - Punjab Police Rules - Members of district cadre or members of range cadre could not be transferred outside their respective cadre.

M.M. KUMAR, J.

1. In bench of petitions (as per the list Annexure “A”) a common question of law and facts have been raised namely as to ‘whether the petitioners who are members of district cadre or range cadre could be transferred outside their respective cadres’. Before adverting to the facts, we would state the legal position so as to put the whole controversy in proper perspective. The question of inter cadre transfer is fairly well settled. In this regard, judgment of the Hon’ble Supreme Court in the case of Jawaharlal Nehru University v. Dr. K.S. Jawatkar and others, 1998 Suppl. (1) SCC 679, could be relied upon. In that case, the Centre of Post Graduate Studies was set up at Imphal by the Jawaharlal Nehru University (for brevity to be referred as ‘JNU’) and teaching administrative staff was appointed by JNU to man the Centre. Subsequently the Centre was transferred to Manipur University as per the decision of the Syndicate of JNU and as such the Centre ceased to exist. It became a part of Manipur University according to JNU. Controversial part of the decision of the Syndicate of JNU was that members of the faculty employed by JNU Centre of Post Graduate, Imphal immediately before its merger into the Manipur University were to become members of the staff of Manipur University. It was in these facts and circumstances that the Hon’ble Supreme Court held that the teaching staff working at JNU Centre of Post Graduate, Imphal could not be transferred to Manipur University without their consent notwithstanding any statutory provision to that effect. The view of the Hon’ble Supreme Court is discernible from the para 7 of the judgment and the same reads as under:

“........ The Centre of Post Graduate Studies was set up at Imphal as an activity, the Appellant University set up and organized the Centre at Imphal and appointed a teaching and administrative staff to man it. Since the Centre represented an activity of the appellant University the teaching and administrative must be understood as employees of the appellant University. In the case of the respondent, there can be no doubt, whatever that he was, and continues to be, an employee of the appellant University. There is also no doubt that his employment could not be transferred by the appellant University to the Manipur University without his consent, notwithstanding any statutory provision to that effect whether in the Manipur University Act or elsewhere. The contract of service entered into by the respondent was a contract with the appellant University and no law can convert that contract into a contract between the respondent and the Manipur University without simultaneously making it, either expressly or by necessary implication, subject to the respondent’s consent .........” (Emphasis added).

2. Similar view has been expressed by their Lordships’ in the case of G. Varandani v. Kurukshetra University and another, (2003) 10 SCC 14. It clearly follows that the transfer of an employee from one cadre to another could not be made without his consent albeit the existence of a statutory provision to that effect. The controversy has already erupted before this Court and two Division Benches after referring to the Punjab Police Rules, 1934 (for brevity, ‘the Rules’) have also concluded in the manner aforesaid. In the case of Vinod Kumari and others v. State of Haryana and others (CWP No. 66 of 2006, decided on 4.4.2006), 2006(2) law Heraled (P&H) (DB) 1441. a Division Bench of this Court while disposing of bunch of petitions, after referring to Rules 13.7 to 13.9 of the Rules, has held as under:

“....It would be relevant to mention, that Rules 13.7 to 13.9 of the Police rules require the maintenance of lists for promotion to the posts of Head Constables and Assistant Sub Inspectors at the level of the Superintendent of Police. Reading the aforesaid rules with the assertions of the petitioners, that a Superintendent of Police is in charge at the district level, which positi