JUDGMENT :

JAGMOHAN BANSAL, J.

1. As common issues are involved in the captioned petitions with the consent of both sides, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from CWP-21095-2016.

2. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking declaration that Provincial District Police Cadre maintained under Rule 1.1 of Punjab Police Rules, 1934 (for short ‘PPR’) cannot be bifurcated into District Police and Armed Police Cadre. They are further seeking declaration that respondent has wrongly protected seniority of few Officers by curating Dying Cadre.

3. The petitioners are members of Punjab Police Force. They joined Police Department prior to 2008. Police Act, 1861 and PPR made thereunder were in force at the time of their appointment. The State of Punjab notified Punjab Police Act, 2007 (for short ‘2007 Act’) w.e.f. 20.02.2008. Section 80 of 2007 Act provides that State Government shall make Rules for carrying out purposes of the Act within one year from the date on which Act comes into force. Section 85 provides that PPR shall remain in force unless those Rules are specifically superseded. The Government has not framed Rules under Section 80 of 2007 Act, thus, PPR are still in force. As per Rule 1.1 of PPR, the Punjab Police is divided into General Police Districts namely Provincial Police District and Railway Police District. Rule 1.3 of PPR provides that Provincial Police General District is divided into Administrative Establishments i.e. a Training School, a Criminal Investigation Department and District Police Establishments. The Railway Police General District is divided into Central Investigating Agency and such number of Sub-Divisions as the Provincial Government may authorize from time to time. Rules 1.1 and 1.3 of PPR read as:

“ 1.1 Constitution - For the purposes of section 3 of the Police Act (V of 1861) the Punjab is divided into “General Police Districts” namely:

(a) the provincial Police District.

(b) the Railway Police District.

All ranks of police employed in the province are appointed or enrolled under section 2 of the Act.

Provided that each of the Telecommunications Branch, Finger Prints Bureau, Women Police Wing, Bank Staff, Mounted Police, Armourers and Executive Clerical Wing, that is uniformed clerical functionaries in various subordinate offices shall form its uniformed cadre.

Explanation.- The expression “subordinate offices” means the offices of the District Senior Superintendent of Police, Director, Finger Prints Bureau, Phillaur and Superintendents of Police, Incharge Recruits Training Centres.

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1.3. General Police, Districts - divisions of.- The Provincial Police general district is divided into administrative establishments; a Training School (including the Provincial Finger Print Bureau); a Criminal Investigation Department, and District Police Establishments. The Railway Police, general district, is divided into a Central Investigating Agency, and such number of sub-divisions as the Provincial Government may authorize from time to time.”

The Proviso to Rule 1.1 stands omitted vide notification dated 25.07.2012. The joint seniority list was prepared after deletion of aforesaid proviso.

4. Section 4 of 2007 Act provides that there would be five cadres i.e. District Police, Armed Police, Intelligence, Investigation and Technical & Support Services of subordinate rank officers. Section 4 of the Act reads as:

“Organization and Composition of Police Service. - Subject to the provisions of this Act,-

(a) the Police Service shall consist of such numbers in various ranks and have such organizations or cadres, as the State Government may, by general or special order, determine, and shall include the members of the Indian Police Service, allocated or deputed to the State;

(b) the officers of subordinate ranks of district police, armed police, intelligence, investigation and technical