Suresh Kumar vs The State of Haryana & Ors.

HELD: 1. The Government Order dated 29.04.1987 issued by the State of Haryana, which communicates the decision of the State Government that “the present system of selection grades as it exists for the employees of Groups B, C & D has been discontinued”. The effect of the G.O. dated 29.04.1987 was that there was no entitlement of a Sub-Inspector or any police personnel belonging to Group C to claim selection grade. The statutory Rule 13.1 provides that promotion from one rank to another and from one grade to another in the same rank shall be made by selection tempered by seniority. The use of expression “specific qualifications whether in the nature of training courses passed or practical experience, shall be carefully considered in each case” indicate that qualifications for promotion are not contained in Rule 13.1 and they have to be found out from other part of the Rules. Rule 13.1 governs both promotions, from one rank to another, and from one grade to another. Thus, Rule 13.1 regulates promotion within the grade and from one grade to another. Rule 13.14 contains the heading “promotions to and in the selection grades of Sub-Inspectors”. Rule 13.14(2) provides that no Sub-Inspector shall be considered eligible for promotion to a selection grade unless he has at least eight years’ approved service as an upper subordinate, of which five years shall have been in the rank of Sub-Inspector. Now, coming to Rule 13.15 which deals with “List F-Promotion to Inspectors”, Rule 13.15(1) deals with recommendations on behalf of Sub-Inspectors considered fit for promotion to the rank of Inspector to be submitted with their annual confidential reports on the 15th April each year to Deputy Inspector-General by Superintendents of Police in Form 13.15(1). [Para 16][291-F-H; 292-A-D]

2. Rule 13.15(4) provides that Sub-Inspectors admitted to List ‘F’ will be placed in that list in order according to their date of permanent promotion to selection grade. Thus, date of permanent promotion to selection grade is criteria which was required to be followed for promotion to Inspector and as required by Rule 13.14(2) no Sub-Inspector shall be considered eligible for promotion to a selection grade unless he has at least eight years’ approved service as an upper subordinate, of which at least five years shall have been in the rank of Sub-Inspector. [Para 17][292-D-E]

3. Thus, promotion to selection grade of a Sub-Inspector was pre-condition for including the name of a Sub-Inspector in List ‘F’ which is a list from which promotion to Inspector was to be made. Even though scheme of grant of selection grade was done away by the State vide its common order dated 29.04.1987, the exercise of promotion to Inspector from Sub-Inspector even after 29.04.1987 was done on the basis of requirement of Rule 13.14(2), i.e., names of only those Sub-Inspectors were included in List ‘F’ who have eight years of approved service as an upper subordinate to their cadre. The promotion to selection grade was contemplated under the Rules by following eligibility and criteria as laid down in the Rules. The submission of the respondents is that after the State Government withdrew the scheme of selection grade by the Government order dated 29.04.1987 all statutory provisions regarding grant of selection grade became redundant. Even if no selection grade was to be provided to any of the personnel of the Police force after 29.04.1987, the criteria which was adopted for in rank promotion was followed by the State for promotion to the next rank. The Rules contained in Chapter XIII have to be given a conjoint and meaningful reading to advance object and purpose of the Rules. The Rules provided a mode and manner for assessment of an official to move forward by means of a grant of selection grade and thereafter by the next step on the next rank. The criteria in the Rules for assessing a person that he was entitled for grant of selection grade cannot be said to be meaningless with no purpose after withdrawal of the selection grade. The grant of selection grade, in the rank in which Police official was there, is a step for making eligible officer to move to the higher rank. Can the argument be accepted that promotion of Sub-Inspector to Inspector has been on the basis of seniority alone? Whether there shall be no cap of experience when a SubInspector is considered to be promoted to next higher rank in grade, i.e., Inspector? If we accept the submission of the counsel of the respondents that the requirement as contained in Rule 13.14(2) is no longer applicable after withdrawal of selection grade, there will be no requirement of any experience to any Sub-Inspector for becoming an Inspector which was never the intendment of the statutory Rules. For promotion to Sub-Inspector to selection grade eight years’ approved service was contemplated which was with intent that sufficient experience is gained by a Police personnel to be considered for promotion to Inspector who is to man a Police Station and has to discharge other important functions. It is relevant to notice that no amendments in the statutory Rules were made after 29.04.1987 and even after notification was issued dated 24.12.2001 substituting Rule 12.3. The case of the State before the High Court and before this Court is that even after 29.04.1987 till 2017 Rules were enforced, all Sub-Inspectors, including direct and promotees were uniformly dealt with by insisting the requirement of eight years’ approved service as the upper subordinate for the purposes of inclusion of their names in List ‘F’. [Para 18][292-FH; 293-A-F]

4. The selection grades are in the nature of promotional scale, therefore, the criteria provided for promotion to selection grade can very well be taken as criteria for further promotion which is the spirit of the Rules followed uniformly by the State while effecting the promotion. The object and purpose of the Rules and methodology for evaluating the Police personnel to move in the higher rank in the same or to the next rank cannot be lost sight nor can be ignored merely because the scheme was withdrawn on 29.04.1987. No error has been committed by the State in continuing the evaluation of the Sub-Inspectors on the basis of criteria as provided in Rule 13.14 while effecting promotion. This Court has laid down time and again that while construing statutory Rules such construction should be adopted which may give effect to the intention or object of the Rule and no such interpretation be put which may make the Rule ineffective. [Paras 19, 20][293-G-H; 294-A-B]

State of Gujarat and Another vs. Justice R.A. Mehta (Retired) and Others (2013) 3 SCC 1 : [2013] 1 SCR 1 – relied on.

5. The principle of construction of statutory Rules as laid down above would apply to the interpretation of Punjab Police Rules, 1934. The High Court did not commit any error in construing the Rules in the manner as was construed by the High Court. Chapter XIII of the Punjab Police Rules, 1934 have to be conjointly and harmoniously construed and when we construe Rules 13.1, 13.14 and 13.15, we do not find any error in State promoting the Sub-Inspectors to Inspectors who have eight years’ approved service to their credit, at least five years being as SubInspectors. Thus, the High Court has rightly upheld the promotion orders of private respondents. No ground is made out to interfere with the judgment of the High Court in these appeals. [Para 21][295-G-H; 296-A-B]

State of Gujarat and Another v. Justice R.A. Mehta (Retired) and Others (2013) 3 SCC 1 : [2013] 1 SCR 1 – relied on.