Hon’ble Sudhir Agarwal, J.—The petitioners have invoked extra ordinary jurisdiction under Article 226 of the Constitution of India seeking a mandamus commanding the respondents to either treat the petitioners as full fledged Police personnel governed by provisions of Police Act 1861 (hereinafter referred to as “Act, 1861”) and rules and regulations framed thereunder or a non Police personnel/civilian one and, therefore, governed by rules and regulations applicable to other holders of civil post and not partly on both the sides.

2. The facts giving rise to the present situation, so as to compel petitioners to seek mandamus, as noted above, in brief, are as under:

3. All the petitioners are Urdu Translators-cum-Junior Clerk. The Governor, in exercise of power under proviso to Article 309 of Constitution promulgated U.P. Urdu Anuwadak Sah Kanishta Lipik Sewa Niyamawali, 1994 (hereinafter referred to as “Rules, 1994”) vide notification dated 9.9.1994. Pursuant thereto, Secretary (Karmik), U.P. Government created 5061 posts of Urdu Translators-cum-Junior Clerk in various offices vide Government Order dated 20.8.1995 and bifurcation of the post in the concerned office mentioned in the said Government Order is as under:

^^dk;kZy; inksa dh la[;k

¼1½ izns'k ds foHkkxk/;{k@izeq[k dk;kZy;k/;{k 106

¼2½ e.My vk;qDr dk;kZy; 13

¼3½ e.My Lrjh; dk;kZy; ¼33½ x ¼10½ 330

¼4½ ftykf/kdkjh dk;kZy; ¼layXud&4½ 65

¼5½ ftyk Lrjh; dk;kZy; ¼layXud&4½ ¼37 x 52½ 1924

¼6½ rglhy ¼layXud&4½ 294

¼7½ fodkl [k.M leLr e.Myksa esa ¼layXud&4½ 897

¼8½ Fkkuk leLr e.Myksa esa ¼layXud&4½ 1432 && & & & & ;ksx& 5081 & & && & &**

English Translation by Court

Office Number of posts

(1) Heads of Departments of the State/

Heads of Principal Offices 106

(2) Office of Divisional Commissioner 13

(3) Division-level Office (33) x (10) 330

(4) Office of District Magistrate (Annexure -4) 65

(5) District-level Office (Annuxure - 4) (37 x 52) 1924

(6) Tahsil (Annexure -4) 294

(7) Development Blocks in All Divisions (Annexure -4) 897

(8) Police Stations in All Divisions (Annexure -4) 1432

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Total 5081

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4. The recruitment was to be made in the concerned district by District Magistrates vide Government Order dated 9.9.1994. The Special Secretary, U.P. Government, issued a letter dated 17.4.1995 addressed to the Director General of Police stating that in order to accommodate/appoint Urdu Translators-cum-Junior Clerk, 1515 posts of Constables in the scale of 950-1400 shall be kept in abeyance. It also clarified that these posts (Urdu Translator cum Junior Clerk) would be other than Police rank and their appointing authority would be concerned Senior Superintendent of Police or Superintendent of Police in the district. District-wise posts allotted to 63 districts, with reference to number of Police Stations were also mentioned in the Annexure, appended to the Government Order dated 17.4.1995, which is Annexure 4 to the writ petition.

5. The concerned District Magistrates made selection by issuing advertisements, pursuant whereto petitioners were selected and recommended for appointment by concerned District Magistrate. The various selected candidates were also allocated to various departments and petitioners were allocated to Police department by concerned District Magistrate. Ultimately, Superintendent of Police issued letters of appointment to petitioners appointing them as Urdu Translators-cum-Junior Clerk.

6. The petitioners, were treated class III ministerial staff, other than officers of Police forces, and dealt with accordingly. Certain benefits, which were available to the members of U.P. Police Force, enrolled under Section 2 of Act, 1861, were not extended to petitioners since they were not treated members of U.P. Police Force. One of such order is dated 19.1.1997 issued by U.P. Police Headquarters stating that one month extra pay, food allowances, which is available to members of U.P. Police force would not be available to petitioners si