Nagaland Police's Separate Promotion Cadres for Armed and Unarmed Branches Upheld by Gauhati High Court

Gauhati High Court Upholds Separate Promotion Rules for Nagaland Police's Armed and Unarmed Branches

Kohima: The Gauhati High Court, Kohima Bench, has dismissed a series of writ petitions filed by police personnel from the Unarmed Branch (UB) of the Nagaland Police, who challenged the disparity in promotional avenues compared to their counterparts in the Armed Branch (AB). The court ruled that the distinct nature of duties between the two branches justifies the separate cadres and promotion policies.

A division bench comprising Justice Kalyan Rai Surana and Justice Yarenjungla Longkumer held that the petitioners failed to establish any discrimination or arbitrariness in the state's policy, thereby upholding the validity of the Nagaland Police Manual which governs the service conditions.

Background of the Case

The petitioners, a group of Unarmed Branch Inspectors, argued that they faced significant career stagnation. They were recruited along with the private respondents in the Armed Branch in 1999 through the same selection process. However, over two decades, while they received only one promotion, their AB colleagues secured multiple promotions, reaching ranks as high as Deputy Superintendent of Police (Dy.SP).

The petitioners contended that their initial posting to the UB was arbitrary and that the subsequent promotional disparities, governed by Rule 33(b) of the Nagaland Police Manual, were discriminatory. They sought the creation of a common seniority list for both branches and challenged the legality of the Manual itself, arguing it was not properly published in the Official Gazette.

Arguments Presented

• Petitioners' Arguments:

  • Discriminatory Treatment: Argued that personnel recruited together should have similar career progression opportunities, regardless of their posting in the Armed or Unarmed Branch.
  • Arbitrary Bifurcation: Claimed the initial classification into two branches was done without any stated preference or rationale.
  • Invalidity of Police Manual: Contended that the Nagaland Police Manual was void as it was notified in 2010 but published in the Nagaland Gazette only in 2018, without wide publicity.
  • Unfair Promotion Ratio: Challenged a 2020 notification that established a 28:22 promotion ratio between AB and UB inspectors for the post of Dy.SP.

• State's Arguments:

  • Distinct Cadres: The government's counsel argued that the Armed and Unarmed Branches are distinct cadres with different roles, responsibilities, and training, justifying separate promotion channels.
  • Validity of Manual: Maintained that the Nagaland Police Manual, framed under Article 309 of the Constitution, was notified in 2010 and has been consistently followed since. The delayed gazette publication did not cause any prejudice to the petitioners, who were aware of its existence.
  • No Arbitrariness: Asserted that the petitioners accepted their appointment to the Unarmed Branch without protest and cannot challenge it after decades of service, invoking the principles of waiver and estoppel.

Court's Rationale and Decision

The High Court meticulously examined the Nagaland Police Manual and found clear distinctions in the duties assigned to the two branches. The judgment noted:

"The duties entrusted to the personnel of the Unarmed Branch Police personnel are not similar to the duties entrusted to the police personnel in the Armed Branch. Hence, ...the petitioners have not been able to successfully show and/or demonstrate that the nature of job that are performed by the Armed Branch and the Unarmed Branch are similar and therefore, the Court is constrained to hold that no case of discrimination by the State has been made out by the petitioners."

The Court rejected the challenge to the validity of the Police Manual, observing that it had been in force and referred to in previous judicial proceedings involving one of the petitioners. The bench distinguished the case cited by the petitioners, Collector of Central Excise v. New Tobacco Co. , stating that the requirements for publishing a tax notification do not apply in the same manner to service rules framed under Article 309.

Furthermore, the Court declined to interfere with the administrative policy of maintaining separate cadres and promotion ratios, stating:

"This Court, in exercise of writ jurisdiction under Article 226 of the Constitution of India, would not undertake the task of examining as to whether the ratio of promotion in two branches of Nagaland Police, being 28:22 was right or wrong... That exercise is one of the essential functions of the State Administration... The Court does not have the expertise to venture to that arena, which is reserved for the Executive."

Finding no merit in the petitions, the court dismissed all three writ petitions, affirming the state's authority to maintain separate promotion structures for the distinct branches of its police force.