In separate motor transport branch cadre governed by special rules, seniority determined from date of substantive appointment to branch after selection and training, not parent cadre date.

JUDGMENT :

Alok Mahra, J.

By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioners seek issuance of a writ in the nature of mandamus declaring amended Rule 14 (1) of the Uttarakhand Police Motor Transport Branch Subordinate Services Rules , 2018 (as amended in 2024) to be illegal, arbitrary and unconstitutional in the manner in which it has been interpreted and applied by the State authorities while determining seniority of Constable Drivers vide order dated 04.06.2025. The petitioners have also prayed for issuance of a writ of certiorari for quashing the seniority list dated 04.06.2025.

2. The core grievance of the petitioners is that inter se while determining seniority, the respondents have misconstrued the expression “substantive appointment” occurring in Rule 14 (1) of the Services Rules, 2018 (as amended in 2024). According to the petitioners, the respondents have erroneously treated the date of substantive appointment in the parent cadre, i.e. Civil Police/PAC/Armed Police/IRB, as the basis for seniority, whereas under the statutory scheme, seniority can be reckoned only from the date of substantive appointment to the Motor Transport Branch cadre, which is the service governed by the Rules of 2018.

3. Learned counsel for the petitioners submitted that since the creation of the State of Uttarakhand in the year 2000, the Motor Transport Branch has been functioning as a separate and distinct branch of the Police Department. The cadre in this branch commences with the post of Constable Driver, followed by promotion to Head Constable Driver and thereafter to Sub-Inspector (Motor Transport). Personnel of the Motor Transport Branch are not entitled to promotional avenues of the Civil Police/PAC/Armed Police/IRB, and vice-versa. He would further submit that appointment to the post of Constable Driver is not a promotion simpliciter, but is made through a selection process from amongst substantively appointed Constables of Civil Police/PAC/Armed Police/ IRB who fulfill the eligibility conditions prescribed under the Rules. One of the essential conditions is successful completion of the prescribed special driving training course, and only thereafter an appointment order is issued under Rule 10 of the Services Rules, 2018, which marks the entry of the incumbent into a new and distinct cadre of service.

4. Learned counsel would further submit that in exercise of powers under Sections 3 and 87 of the UTTARAKHAND POLICE ACT , 2007, the State framed the Uttarakhand Police Motor Transport Branch Subordinate Services Rules , 2018, which came into force on

27.11.2018. The Rules clearly define “Service” under Rule 2(j) as the Uttarakhand Police Motor Transport Branch Subordinate Service; “Member of service” under Rule 2(g) as a person substantively appointed to a post in the cadre of service; “Substantive appointment” under Rule 2(l) as an appointment made to a post in the cadre of service, which is not ad-hoc and is made after selection in accordance with the Rules; and the cadre of service under Rule 4 to include Constable Driver, Head Constable Driver and Sub-Inspector (Motor Transport).

5. According to learned counsel for the petitioners, a combined reading of Rules 2(g), 2(j), 2(l) and Rule 4 makes it clear that a person becomes a member of the Motor Transport Branch only after issuance of an appointment order under Rule 10 of the Services Rule, 2018, which is granted upon successful completion of the prescribed training. Any service rendered in the parent cadre prior to such appointment cannot be treated as