Holding

Steno Sub‑Inspectors/Assistant Sub‑Inspectors constitute a separate cadre from the general line Sub‑Inspectors/Assistant Sub‑Inspectors, and their reversion is not a transfer in public interest; therefore seniority cannot be counted from the original appointment date.

Summary

The appellants were recruited as Steno Sub‑Inspectors in the Bihar Police and, after five years of service, were appointed on reversion to the general line as Sub‑Inspectors. They claimed that their seniority in the general line should be counted from their original appointment dates as Steno Sub‑Inspectors, relying on a 1953 government communication and departmental instructions of 26‑8‑1997. The State determined seniority from the date of reversion, and the High Court dismissed the writ petitions. The Supreme Court examined whether Steno Sub‑Inspectors form the same cadre as Sub‑Inspectors of the general line, whether the reversion constitutes a transfer in public interest, and whether the departmental instructions apply. It held that the Steno cadre is a distinct and separate cadre, that the reversion is not a transfer made in public interest, and that in the absence of express rules the seniority of the former cadre cannot be counted. Consequently, the appeals were dismissed.

Issues considered

The nature of the cadre of Steno Sub‑Inspectors/Assistant Sub‑Inspectors vis‑à‑vis the general line Sub‑Inspectors/Assistant Sub‑Inspectors.
Whether the appointment on reversion is a transfer for public interest or exigency of service.
Whether seniority can be counted from the date of original appointment under the 1953 communication and the departmental instructions dated 26‑8‑1997.
Applicability of general service‑law principles in the absence of specific statutory rules.

Legislation cited

Police Act, 1861s. 12, s. 7

Subjects

service lawsenioritycadrepolicereversiontransferSteno Sub‑Inspectordepartmental instructionspublic interestPolice Manual

Judgment

[2014] 13 S.C.R. 34

A KUMOD KUMAR &ANOTHER
V.
STATE OF JHARKHAND & OTHERS
(Civil Appeal Nos. 5874-5875 of 2009)
DECEMBER 18, 2014
B
[JAGDISH SINGH KHEttAR AND ARLIN MISHRA, JJ.]
Service law:

Cadre - Steno Sub-Inspectors/Steno Assistant Sub-
.C Inspectors - Post of Steno Sub-Inspectors/Steno Assistant
Sub-Inspectors of Police· form a cadre separate and distinct
from the general line of police personnel in the Police
Department- The duties which Steno Sub-Inspectors/Steno
Assistant Sub-Inspectors discharge are totally dissimilar from
0
the responsibilities assigned to Sub-Inspectors/Assistant
Sub-Inspectors in the general fine of the police force - While
the former are assigned only stenography work, the latter
perform traditional police duties.

E Seniority- Police Department- Steno Sub-inspectors
of Police- Induction of appellants-Steno Sub-inspectors (on
reversion) to the general fine of the Police Department -
Claim of seniority by appellants in the general line of Sub-
inspectors of Police (on reversion) with effect from the date
F of their initial appointment into Police Department as Steno
Sub-inspectors of Police - Held: Appellants were originally
inducted into the Police Department to the cadre of Steno
Sub-Inspectors/Steno Assistant Sub-Inspectors and
thereafter, were appointed on reversion to the cadre of Sub-
G Inspectors/Assistant Sub-Inspectors of Police in the general
line of the Police Department - This appointment
contemplated shifting from one cadre to a different cadre with
different duties and responsibilities - In the absence of
H statutory rules and/or express executive in::itructions,
34
KUMOD KUMAR v. STATE OF JHARKHAND ~5

appellants would not be entitled to count the period of service . A
rendered by them in the former post on the basis of the general
principle - Bihar Police Manual, 1978 - Volume 1, Chapter
1A, r.7A, clauses 3(e)(l), 9; clause 9(a), (b); Chapter 2,
Chapter 20 rr.653 to 656; Volume Ill Appendix 42.
B
· Seniority - Appointment of appellants-Steno Sub-
inspectors (on reversion) to the general line of the Police ·
Department- Claim of seniority by appellants in the general
line of Sub-inspectors of Police with effect from the date of
their initial appointment as Steno Sub-inspectors of Police, C
on the basis of Departmental Instructions dated 26. 8. 1997 -
Held: Appointment of appellants-Steno Sub-inspectors (on
reversion) to the general line was for their own benefit on
account of lack of promotional avenues and was neither in
public interest nor in exigency of service - Therefore, they D
cannot claim benefit of departmental instructions dated
26.8.1997.
Dismissing the appeals, the Court

HELD: 1. A perusal of the different provisions from E
the Police Manual reveals, that the Police Department is
comprised of personnel belonging to distinct and
separate units, centres and cadres. These separate
.entities in the Police Department are described differently F
as "Fire Brigade Services", "Finger Print and
Handwriting Centres", "Dog Squad", "Central Workshop
of Police Transport", "Police Communication",
"Statistical Section", "Police Photo Section", "Forensic
Science Laboratory", "Clothing Store", "Miscellaneous G
Force", "Missing Persons Bureau", "Juvenile Aid
Bureau" etc. These referred units, centres and cadres
do not perform "police duties". Only police personnel
belonging to the general line of the police force, perform
H
36 SUPREME COURT REPORTS [2014] 13 S.C.R.

A police duties. Insofar as the process of recruitment is
concerned, the responsibility of selection and
appointment to the ranks of Sub-Inspector of Police and
Assistant Sub-Inspector of Police belonging to the
general line, is vested with the Public Service
B Commission. For recruitment to the general line, the
prescribed physical standards are not relaxable. The
recruitment of Steno Sub-Inspectors/Steno Assistant
Sub-Inspectors is niade through a Central Selection
Board (and not by the Public Service Commission). The
C physical standards prescribed are relaxable for those
inducted as Steno Sub-Inspectors/Steno Assistant Sub-
in s pectors. The above is an in-house process of
selection. After Steno Sub-Inspectors/Steno Assistant
Sub-Inspectors have rendered 5 years' service, they
0
become eligible for appointment (on reversion) to the
general line of the Police Department. It is imperative for
those appointed (on reversion) to undergo the police
training postulated for Sub-Inspectors/Assistant Sub-
E Inspectors of the general line on their induction into the
Police Department. The service of 5 years rendered by
them, therefore, does not by itself constitute sufficient
satisfactory training for induction into the general line
of the police force. The comparative analysis of selection
F and appointment of Sub-Inspectors/Assistant Sub-
Inspectors of Police in general line and that of Steno Sub-
Inspectors/Steno Assistant Sub-Inspectors leaves no
manner of doubt that those inducted into the genera,! line
of the police force constitute a separate and distinct
G cadre as against those recruited as Steno Sub-
Inspectors/Steno Assistant Sub-Inspectors in the
"Miscellaneous Force" of the Police Department.
[Para 12][52-H; 53-A·H; 54-A·C]
2. As a general proposition, in the absence of any
H
KUMOD KUMAR v. STATE OF JHARKHAND 37

express provision, there can be no dispute whatsoever, A
that consequent upon appointment by way of transfer,
a transferred employee who acquires the right to h91d
an equivalent post in the exigency of service or in pubic
interest, is entitled for the determination of his seniority,
to count the period of service rendered by him against B
the erstwhile post, along with the period of service
rendered by him in the post to which he has been
transferred. The situation herein is however different.
The appointment of the appellants (on reversion) is
neither in public interest nor in exigency of service. The C
appellants' appointment (on reversion) to the general line
is for their own benefit on account of lack of promotional
avenues. An employee who accepts to participate in the
process of selection to determine his suitability cannot
0
be allowed to contend that his appointment (on
reversion) to the general line, was on account of the
employer's will. Having participated in the process of
selection, the appellants will be deemed to have sought
and opted for their appointment (on reversion) to the E
general line of the police force. It is only on the
determination of the incumbent's suitability, through
selection process that an individual from the
Stenographers' cadre will gain entry into the general line
of Sub-Inspectors/Assistant Sub-Inspectors of Police. F
Such appointment is neither in public interest nor in the
exigency of service. Further, the appointment in the
instant case cannot be equated with an appointment by
way of transfer as generally understood. [Para 19]
[63-F-H; 64-A-F] G
3. General principles of service law jurisprudence
are applicable only in situations wherein there are no
express rules governing the determination of seniority.
As in the present case, the appellants were originally H
38 SUPREME COURT REPORTS [2014] 13 S.C.R.

A inducted into the Police Department to the cadre of Steno
Sub-Inspectors/Steno Assistant Sub-Inspectors and
th~reafter, were appointed on reversion to the cadre of
Sub-Inspectors/Assistant Sub-Inspectors of Police in the
general line of the Police Department. Herein, the
B appointment contemplated is from a different post with
different duties and responsibilities to another separate
and distinct post with wholly different duties and
responsibilities. This appointment contemplates shifting
from one cadre to a different cadre. This appointment is
C preceded by a process of selection to be conducted by
the Central Selection Board. Herein, in the absence of
statutory rules and/or express executive instructions, the
transferee would not be entitled to count the period of
service rendered by him in the former post on the basis
D of the general principle. [Para 20][64-G-H; 65-F-H;
66-A-B]
K.C.Arora v. StateofHaryana (1984) 3 SCC 281 :
1984(3) SCR 623; T. K. Kapurv. StateofHaryana
E 1986 (Supp) sec 584 : 1987 SCR 584 -
distinguished.
Direct Recruit, Class II Engineering Association
v. State of Maharashtra AIR 1990 SC 1607; K. P.
Sudhakaran v. State of Kera/a (2006) 5 SCC
F
386 : 2006 (2) Suppl. SCR 291 - referred to.
Case Law Reference:
AIR 1990 SC 1607 referred to Para 22

G 1984 (3) SCR 623 distinguished Para 26
1987 SCR 584 referred to Para 26
2006 (2) Suppl. SCR 291 referred to Para 26
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos.
H 587 4-5875 of 2009.
KUMOD KUMAR v. STATE OF JHARKHAND 39

From the Judgment and Order dated 13-09-2007 and A
23-01-2008 of the High Court of Jharkhand at Ranchi in W.P.
(S) No. 4272 of 2006 and Civil Review No. 80 of 2007
respectively.

Dr. Rajeev Dhawan, Sr. Adv., S.C. Sharma, Lakshmi B
Raman Singh for the Appellants.

Manish.Kumar (For Gopal Singh), Jayesh Gaurav (For
Krishnanand Pandeya),Anil K. Chopra, S. Chandra Shekhar
for the Respondents.

The Judgment of the Court was delivered by

JAGDISH SINGH KHEHAR, J. 1. Consequent upon
their selection, the appellants were inducted into the Police
Department of the State of Bihar, by way of direct recruitment, D
as Steno Sub-Inspectors of Police. Appellant no. 1 - Kumod
· Kumar was appointed as such on 10.4.1982. He joined his
duties on 13.4.1982. Appellant no. 2 - Ramesh Kumar was
appointed on 11.9.1985, and he joined as such on 16.9.1985.

2. On 26.8.1989 and 11.6.1991, the appellants were E
taken (on reversion) to the general line of the Police
Department as Sub-Inspectors of Police. In this behalf it would
be pertinent to mention, that induction into the general line of
the Police Department from Steno Sub-Inspectors is F
permissible, subject to the satisfaction of the eligibility criteria,
as also, consequent upon the selection and recommendation
by the Central Selection Board.

3. The seniority of the appellants in the general line of
Sub-Inspectors of· Police, was determined by the Police G
Department, with effect from the date of their appointment to
the general line of Sub-Inspectors of Police (on reversion). This
determination is not acceptable to the appellants. They claim
seniority in the general line of Sub-Inspectors of.Police (on H
40 SUPREME COURT REPORTS [2014] 13S.C.R.

A reversion) with effect from the date of their initial appointment
into the Police Department, as Steno Sub-Inspectors of Police.
Therefore, whilst the appellants claim seniority in the general
line of Sub-Inspectors of Police with effect from the dates of
their appointment into the police service, i.e., with effect from
B 10.4.1982/11.9.1985, the authorities have chosen to determine
their seniority with effect from the dates of their appointment
to the general line of Sub-Inspectors of Police, i.e., with effect
from 26.8.1989/11.6.1991.

C 4. A challenge raised at the behest of the petitioners
(including the present appellants) in Writ Petition (S) no. 4272
of 2006 before the High Court of Jharkhand at Ranchi
(hereinafter referred to as, the High Court), seeking seniority
in the general line, with effect from the date of their appointment
D into the police service, was dismissed by a Division Bench of
the High Court, on 13.9.2007. The petitioners (including the
present appellants) sought a review of the order dated
13.9.2007, by filing Civil Review no. 80 of 2007. The review
petition was dismissed on 23.1.2008. The orders dated
E 13.9.2007 and 23.1.2008 were.assailed by the appellants by
filing special leave petitions. Leave was granted on 28.8.2009,
giving rise to the present civil appeals.
5. The first issue that arises for consideration in the
F determination of the controversy is, whether the posts of Sub-
Inspector of Police in the general line of the Police Department,
as also, the posts of Steno Sub-Inspector of Police belong to
a common cadre. An answer to the aforesaid query, would
make a substantial headway, to the determination of the issue
G in hand. It is, therefore, that we shall vEmture to determine the
instant aspect of the matter first, before delving into the niceties
arising out of the present controversy.
6. The Bihar Police Manual, 1978, (hereinafter referred
H
KUMOD KUMAR v. STATE OF JHARKHAND 41
[JAGDISH SINGH KHEHAR, J.]

to as, the Police Manual) was issued by the State Govern merit A
under Sections 7 and 12 of the Police Act V, 1861. There is
no dispute among the rival parties, that the provisions
contained in the same regulate inter alia, the conditions of
service of personnel of the Police Department. and are binding
on all police personnel. We shall, therefore, first advert to the B
provisions contained in the Police Manual, and venture to
answer the query, relating to the issue of cadre.
7. Chapter 1Aofthe Police Manual, Volume I, delineates
the duties and responsibilities of different units, category-wise, c
in respect of the entire police work-force. In Chapter 1A
aforementioned, a reference has been made to the "Bihar Fire
Brigade Service" under Bihar Fire Service Act, 1948, which is
to function under the directions of the Inspector-General of
Police, through the Chief Fire Officer. The chapter also makes D
a referenee to separate "Finger Print and Handwriting Centres",
for examination of finger prints and handwritings. These
centres carry out their activities under Directors, but in
consonance with and under the control of a Deputy Inspector-
General of Police, from the Criminal Investigation Department. E
The chapter also makes a reference to the constitution of a
"Dog Squad", which is placed under the charge of a police
officer of the rank of Deputy Superintendent of Police, who is
to work under. the directions of an Inspector-General and a
Deputy Inspector-General, of the Criminal Investigation F
Department. The chapter also provides for a separate "Central
Workshop of Police Transport". Personnel of the above
workshop, have the responsibility of looking after the vehicles
of the Police Department. The workshop is under the control G
of an Assistant Inspector-General, who is to function under the
directions of an Inspector-General. A separate section of
officers/officials is assigned the responsibility of "Police
Communications". These officers/officials work in wireless
centres, spread over the entire State. Each wireless centre is H
42 SUPREME COURT REPORTS [2014) 13 S.C.R.

A under the control of a police officer of the rank of
Superintendent of Police. There is also a "Statistical Section"
in the Police Department. This section collects and records
facts and figures concerning police functioning, in the entire
State. The Statistical Section assists the office of Inspector-
s General in preparing various statistics. There is also a "Police
Photo Section", which functions under the Criminal
Investigation Department. Besides the above, there is a
"Forensic Science Laboratory" functioning under the charge
of Inspector-General of Police. There is also a separate
C "Clothing Stare" at the central level of the Police Department,
which works under the charge of a Deputy Superintendent or
an Inspector (reserve). The Clothing Store functions under the
overall control of an Inspector-General. Chapter 1A, describes
D the police personnel aforesaid, performing distinct duties and
responsibilities, as separate units, separate centres, and
separate cadres. In sum and substance, none of the units,
centres and cadres referred to above, are considered to be
components of the general line of the police force.
E 8. Insofar as the present controversy is concerned, clause
(9) of Rule 7A, under Chapter 1A, is of material significance,
and is accordingly being extracted hereunder:-
"(9) Miscellaneous Force.-(a) For accounts,
F correspondence and crime record, there are
Accountants, Head Clerks, Upper Division Clerks and
Lower Division Clerks, etc. who are attached with the
office of Inspector-General, Deputy Inspector-General
and Superintendent but they are not the members of the
G Police force.
(b) There are Stenogtaphers of the ranks of Sub-Inspector
and Assistant Sub-Inspector who are posted in the
Confidential Section of the Offices of Inspector-General,
H
KUMOD KUMAR v. STATE OF JHARKHAND 43
[JAGDISH SINGH KHEHAR, J.]

Deputy Inspector General, Superintendent, Assistant and A
Deputy Superintendent, etc."

A collective perusal of sub-clauses (a) and (b ), of clause
9, of Rule 7A, leaves no room for any doubt, that just like the
other units, centres and cadres referred to in the foregoing B
paragraph, the cadre of Steno Sub-Inspectors/Steno Assistant
Sub-Inspectors is a cadre separate and distinct from the
general line of police personnel of the Police Department.
Steno Sub-Inspectors and Steno Assistant Sub-Inspectors are
a part of the "Miscellaneous Force". The above determination c
is further affirmed from clause 3( e)(i) of Rule 7A, which is also
being extracted hereunder:-

"7 A. For the performance of duties and discharge of
liabilities at different levels and in different units the D
categorywise set up of Police force is as follows:-

3. District Level-
(e)(i) A circle is divided into Police-Stations. A sub-
.Inspector holds the charge of each Police-Station. For E
assistance to Sub-Inspector, Junior Sub-Inspectors,
Assistant Sub-Inspectors, Havildars and Constables
are appointed."

A perusal of clause 3(e)(i) reveals that the nature of duties F
of Sub-Inspectors of Police belonging to the general line of
the police force, are substantially distinct and at variance insofar
as, duties and responsibilities of the personnel belonging to
the "Miscellaneous Force" are concerned.
9. On the cadre issue, reference may also be made to G
Chapter 2 of the Police Manual, Volume I. The same delineates
the duties of the police officers of all ranks. The duties and
responsibilities described therein, have a reference to only
police personnel belonging to the general line of the police H
44 SUPREME COURT REPORTS [2014] 13 S.C.R. .

A force. There is no reference to duties discharged by numerous
other personnel of the Police Department comprising of the
units, centres and cadres referred to above. There is, therefore,
a clear indication even from Chapter 2, that the cadre of Sub-
Inspectors of Police in the general line, is separate and distinct
B from the other cadres, centres and units referred to above
(including Steno Sub-Inspectors/Steno Assistant Sub-
lnspeetors).
10. Chapter 20 of the Police Manual, Volume I, deals
C with appointments and enrolments of police officers. Rules
653 to 656 contained therein, deal with the issue of
appointment of Sub-Inspectors in the general line of the Police
Department. Under Rule 653, the above process of
appointment has to be initiated by determining the vacancies
D in each district of the Criminal Investigation/Intelligence
Departments, which would further lead to an assessment of
the number of vacancies to be filled up by way of direct
recruitment and by promotion. Rules 653 to 656
aforementioned, are being extracted hereunder:
E
"653. Sub-lnspectors.-(a) In July, the Inspector-General
will intimate to each Deputy Inspector-General the number
of vacancies allotted to each district and the Criminal
Investigation/Intelligence Departments and the number
F to be filled by direct recruitment and by promotion of
Assistant Sub-Inspector [Rule 659(a)]. He will also
. indicate what limitations, if any, are to be observed as to
the appointment of any particular sections of the
community.
G
(b) In accordance with rule 659(a) vacancies up to 50
per cent may be filled by selection from the rank of
Assistant Sub-Inspector. The remainder shall be filled in
the manner laid down in the following rules.
H
KUMOD KUMAR v. STATE OF JHARKHAND 45
[JAGDISH SINGH KHEHAR, J.]

(c) A requisition shall be sent to Bihar Public Service A
Commission in the prescribed form in which the
informations about the number of vacant posts, etc. shall
be given. The job of holding examination for recruitment
to Class Ill technical and .non-technicalexecutive and
supervisory posts (including Sub-Inspector) has been B
given to Bihar Public Service Commission as per article
320(1) of the Indian Constitution.

654. Manner of selection -(a) Notices in the form given·
in the Appendix 38 or any other form prescribed by Bihar c
Public Service Commission will be printed and supplied
by them for wide circulation and will also be published in
the Bihar Gazette and selected newspapers. Candidates
will be required to comply with the directions given in the
notice. The help and interest of heads of schools and D
colleges shall be freely sought..

(b) All applications shall be received by Bihar Public
Service Commission which shall be entered in the
candidates' register in their prescribed form. E
(c) All candidates who are prima facie eligible for
appointment shall be required to appear for
measurements and physical tests given in Appendix 38
at districUrange headquarters before SuperintendenU F
Range Deputy Inspector-General or before any special
committee specially set up for this purpose. The list of
candidates who satisfy these tests shall be furnished to
the Public Service Commission who shall then arrange ·
to hold a written competitive examination as in sub rule G
(e).
(d) Against the names of those who are prima facie
ineligible, who are below standard measurement or who
fail in the physical tests the word "rejected" with reasons
H
46 SUPREME COURT REPORTS [2014] 13 S.C.R.

A will be written clearly in the candidates' register and the
candidate shall be informed accordingly.

{e) The written portion of the test referred to in (c) shall
be of 100 marks each in following subjects:-
B General knowledge (including General Science and
Current Affairs) and General Hindi as compulsory
subjects and two optional subjects to be selected from
the list given in Appendix 38.
c 655. Interview - The Public Service Commission may
decide to select persons for interview above a certain
percentage of marks depending on the number of
vacancies available and usually three times the number
of vacancies maybe called. A Deputy Inspector-General
D nominated by the Inspector-General shall be included as
an expert.
656. Selections - (a) The Public Service Commission
shall select the best men for appointment for the post of
E (i) Reserve Sub-Inspector of armed police, and (ii) Sub-
Inspector of unarmed police separately depending on
the number of vacancies available. While doing this, it
is to be noted that for serial (i), the standard of physical
tests is higher as given in Appendix 38. Moreover
F candidates possessing certificates of National Cadet
Corps and efficient in sports may be preferred for this
post.
For serial (ii), preference may be given to those
G possessing Diploma or degree in criminology. The
Commission will bear in mind the desirability of
maintaining also approximately the correct percentage
of scheduled castes and tribes as given in Appendix 40.
(b) The Deputy Inspector-General (Administration) will
H
KUMOD KUMAR v. STATE OF JHARKHAND 47
[JAGDISH SINGH KHEHAR, J.]

ensure that verification Rolls in P.M. Form no. 101 are A
issued in respect of those for whom appointment letters
are going to be issued. For this purpose,
Superintendents may be directed to get in touch with the
authorities concerned for getting it expedited. Thereafter,
the candidates shall be referred for medical test before B
the Civil Surgeon or Deputy Superintendent of Sadar
Sub-divisional Hospital of the place where the candidate
resides (see Rule 672). On being declared fit in P.M.
Form no. 103 the Deputy lnspector-Generalwill issue
appointment letters to the selected candidates on advice C
of the Commission and will direct them to report to the
Principal, Police Training College, on the date fixed
generally in January. A detailed list of the candidates
appointed will at the same time be sent to the Principal, D
Police Training College, together' with their application
forms verification· rolls, medical and other certificates.
These papers will form a part of the candidates'
appointment papers and will be sent to the
Superintendents of the districts to which they are E
subsequently posted [for period of probatio11 (see Rule
668)]."
The process of selection of Sub-Inspectors of Police in
the general line of the police force, is to be conducted by the
Bihar Public Service Commission (hereinafter referred to as, F
'the Public Service Commission'). It is the Public Service
Commission, which advertises the vacancies to be filled up, it
is the Public Service Commission which receives applications,
and it is the Public Service Commission which determines
G
the eligibility of candidates on the basis of standard
measurements and physical tests. Therefore, it is the Public
Service Commission which conducts the written test, and finally,
holds interviews. The aforesaid process has been expressed
in Rule 654 of the Police Manual, Volume I. Rule 656 of the H
48 SUPREME COURT REPORTS [2014] 13 S.C.R.

A Police Manual, Volume I, denotes the process of selection for
direct recruitment. Rule 659 pertains to the process of
promotion of Assistant Sub-Inspectors to the rank of Sub-
Inspector of Police, in the general line of the police force. It is
necessary to emphasize, that the instant process does not
B apply to appointments to the cadre of Steno Sub-Inspectors/
Steno Assistant Sub-Inspectors.
11. The Bihar Police Manual, 1978, Volume Ill (hereinafter
referred to as, the Police Manual, Volume Ill) contains 102
c appendices. Appendix 42 thereof has the following heading,
"Rules for the recruitment, training, examination and posting
of Steno Sub-Inspector, Steno Assistant Sub-Inspector and
Typist Assistant Sub-Inspector of Police". A perusal of appendix
42 reveals, that the process of appointment of Steno Sub-
D Inspectors/Steno Assistant Sub-Inspectors is to be initiated
by the Inspector-General. As a first step, the Inspector General
is to work out the number of vacancies in the ranks of Steno
. Sub-Inspectors and Steno Assistant Sub-Inspectors. On
determining the number of vacancies to be filled up, he would
E decide the number of vacancies to be filled up by way of direct
recruitment, and by promotion from the rank of Steno Assistant
Sub-Inspector. Paragraphs 1 to 5, 11, 14 and 15 of appendix
42 are relevant for the present controversy and are accordingly
extracted hereunder:
F
"1. In order to provide stenographers for all but the lightest
districts and forthe railways and the offices of the Deputy
Inspector-General of Police, the corps of trained steno,
sub-inspectors and assistant sub-inspectors should be
G not less than 188 and 69 respectively.
2. Every year in the month of July, the Inspector-General
shall work out the number of vacancies in the ranks of
steno sub~inspectors and steno assistant sub-inspectors.
H
KUMOD KUMAR v. STATE OF JHARKHAND 49
[JAGDISH SINGH KHEHAR, J.] ·

On the basis of these vacancies, he shall decide to make A
direct recruitment by the procedure given hereinafter
keeping in view the reservations for scheduled caste/
tribe. He will also decide as to what quota should be
fixed for promotion from the rank of steno assistant sub-
inspector to steno sub-inspector. B

3. Advertisement shall be made through Employment
Exchange calling for application in P.M. Form no. 131 in
Hindi (Devanagri script) (a) from persons trained in
stenography, and (b) from persons not trained in it but c
having aptitude for it. Persons in category (b) should
have good knowledge of Hindi and if possible of English
who can be enlisted in the cadre of writer constables
and then sent for further training in stenography either
free of cost in Police Training College or on payment in D
C.M.S. Commercial Institute, Bhagalpur or any other
institute preferably of Government undertaking. A sum
of Rs. 8 shall be deposited by candidates under head
"055-Police-Other receipts" in Treasury Chalan, a copy
of which should be _attached with their application. E
Candidates belonging to S.C./S.T. as also candidates
from Police Department are exempted from payment of
this fee.

(c) Those who are already in Police Department may F
also be eligible to apply if they are in category (a) without
any age-limit. For category (b ), they should be preferably
within the age-limits vide clause 5 but officers and men
of S.C./S.T. may apply up to the age of 34 years. Such
candidates can apply in plain paper. G

4. The test of minimum speed for five minutes only for
various ranks are given below:-

H
50 SUPREME COURT REPORTS [2014] 13 S.C.R.

A
i Words oer minute.
SI. No. Post I Hindi
---------·- I En~ lish
-Dictation Typing I Dictation Typfni:J
1 Steno sub-1 100 35 :I 120 40
inspector, I
B
2
Class
Steno
I
---·--
I
~+---·

sub- :
-
80
. - --- --- --·-
30
}-- 100-
I
- --40 -
I
inspectors
(Class II . II

c 3
pas~~Ql_ -~-- __
Steno
inspector
(Class
sub-
i
II ~
1 70
251-- I
---
35

unpassedl I !
4 Steno 50 20 I 60 30
II assistant sub-1
II
D ! insoector
i 5 Typist I ... 30 ... 40
! assistant sub-:
: I
inspector I I

10 per cent mistakes in each subject should be
E
condoned.
5. The standard of educational qualifications,
measurements, age and physical tests shall be the same
in case of steno sub-inspector as is for sub-inspector
F (unarmed), vide rule 658 and for steno or typist assistant
sub-inspectors, those of constables, vide rule 663. In
suitable cases relaxation in height and chest may be done
by Dy. l.G., Adm in. up to 1" and by the Inspector-General
up to 2". In case of scheduled caste/tribe, further
G relaxation may be done by 1". All candidates shall be
allowed to appear in test of shorthand dictation/typing
and after that they may be required to appear in physical
tests meant for respective ranks. However, suitable
candidates may be exempted from these tests. The
H
KUMOD KUMAR v. STATE OF JHARKHAND 51
[JAGDISH SINGH KHEHAR, J.]

candidates shall be appointed by the Central Selection A
Board [Appendix 72(2)]. They will serve as
stenographers for a period of 5 years, after which they
will ordinarily revert to district work but before that they
shall undergo the usual course of training at the Police
Training College for ordinary Police duties. The B
Inspector-General shall be at liberty to retain them as
stenographers for a longer period where necessary.

xxx xxx xxx
11. Steno sub-inspectors and assistant sub-inspectors C
will be allotted to the ranges by the Inspector-General.
The Deputy Inspector-General will then distribute them
among districts within their ranges as may be rlecessary.

xxx xxx xxx D

14. The primary object to be aimed at is the provision of
a body of trained stenographers capable of reporting
verbatim a speech delivered in Hindi, for which a speed
varying from 120 to 160 words in a minute-is necessary. E
P<ige 671 Superintendents should bear this in mind and
see that work is arranged with a view to attain that object.
They should also ensure that stenographers are made .
to do regular daily practice by having passages dictated
to them on days on which they have not, in the course of F
their duties, had to take down sufficient to keep them up
to the mark.
15. The appointment of steno sub-inspector/assistant
sub-inspector and typist assistant sub-inspector shall be G
done by Deputy Inspector-General under Police Act. They
shall wear Police uniform but shall not use any of the
powers of police so long as they work as stenographers
and typist."
H
52 SUPREME COURT REPORTS [2014] 13 S.C.R. .

A For direct recruitment, an advertisement has to be issued,
through the employment exchange, calling for applications
from persons trained in stenography. The process of selection
contemplates, a test for ascertaining whether the candidates
qualify the minimum speed in stenography (prescribed for
B different ranks of stenographers). All candidates are to be
allowed to appear in the test of shorthand dictation and typing,
whereafte~. they are required to appear in a variety of physical
tests meant for the respective ranks for which the selection is
being conducted. Paragraph 5 of appendix 42, however,
C exempts suitable candidates from these tests. The
appointment to the cadre of Steno Sub-Inspectors/Steno
Assistant Sub-Inspectors is to be made by the Central Selection
Board. Paragraph 5 aforementioned, also envisages the
D relaxation of physical standards postulated for Sub-Inspectors
and Assistant Sub-Inspectors of Police (of the general line).
Height and chest requirements are relaxable by 1 inch (2 inches,
for scheduled caste/tribe candidates) and 2 inches (3 inches
for scheduled caste/tribe candidates) respectively. No such
E relaxation is contemplated for appointment to the general line
of the police force Department. Paragraph 5 of appendix 42
contained in Police Manual, Volume Ill provides, that after
serving for a period of 5 years, Steno Sub-Inspectors and Steno
Assistant Sub-Inspectors can be appointed (on reversion) to
F the general line of the Police Department. It is however
mandated, that before such reversion, they would have to
undergo the usual course of training at the Police Training
College, for ordinary police duties. Paragraph 14 of app~ndix
42 narrates the primary object for recruiting trained
G stenographers. Paragraph 15 extracted above, leaves no
room for any doubt, that even though Steno Sub-Inspectors/
Steno Assistant Sub-Inspectors are permitted to wear police
uniform, they are not permitted to discharge "police duties".
12. A perusal of the different provisions from the Police
H
KUMOD KUMAR v. STATE OF JHARKHAND 53
[JAGDISH SINGH KHEHAR, J.]

Manual reveals, that the Police Department is comprised of A
personnel belonging to distinct and separate units, centres and
cadres. These separate entities in the Police Department
are described differently as "Fire Brigade Services", "Fin~er
Print and Handwriting Centres", "Dog Squad", "Central
Workshop of Police Transport", "Police Communication", B
"Statistical Section", "Police Photo Section", "Forensic
Science Laboratory", "Clothing Store", "Miscellaneous Force",
"Missing Persons Bureau", "Juvenile Aid Bureau" etc. The
above referred units, centres and cadres do not perform "police
duties". Only police personnel belonging to the general line of C
the police force, perform police duties. Insofar as the process
of recruitment is concerned, the responsibility of selection and
appointmer)t to the ranks of Sub-Inspector of Police and
Assistant Sub-Inspector of Police belonging to the general line, D
is vested with the Public Service Commission. For recruitment
to the general line, the prescribed physical standards are not
relaxable. Insofar as the Steno Sub-Inspectors/Steno Assistant
Sub-Inspectors are concerned, their recruitment is postulated
separately under appendix 42 contained in the Police Manual, E
Volume Ill. The selection to the Stenographers' cadre, is made
through a Central Selection Board (and not by the Public
Service Commission, as in the case of the general line). The
physical standards prescribed are relaxable for those inducted
as Steno Sub-Inspectors/Steno Assistant Sub-Inspectors. The F
above is an in-house process of selection. After Steno Sub-
Inspectors/Steno Assistant Sub~lnspectors have rendered 5
years' service, they become eligible for appointment (on
reversion) to the general line of the Police Department. It is
imperative for those appointed (on reversion) to undergo the G
police training postulated for Sub-Inspectors/Assistant Sub-
Inspectors of the general line on their induction into the Police
Department. The service of 5 years rendered by them,
therefore, does not by itself constitute sufficient satisfactory
H
54 SUPREME COURT REPORTS [2014] 13 S.C.R.

A training for induction into the general line of the police force.
The comparative analysis of selection and appointment of Sub-
Inspectors/Assistant Sub-Inspectors of Police in the general
line, and that of Steno Sub-Inspectors/Steno Assistant Sub-
Inspectors, leaves no room for any doubt, that those inducted
B into the general line of the police force, constitute a separate
and distinct cadre, as against those recruited as Steno Sub-
Inspectors/Steno Assistant Sub-Inspectors in the
"Miscellaneous Force" of the Police Department. The above
conclusion gets further credence from the fact, that the duties
C which Steno Sub-Inspectors/Steno Assistant Sub-Inspectors
discharge, are totally dissimilar from the responsibilities
assigned to Sub-Inspectors/Assistant Sub-Inspectors in the
general line of the police force. While the former are assigned
D only stenography work, the latter perform traditional police
duties.
13. In view of the above, we are satisfied in recording
the conclusion, that Steno Sub-Inspectors/Steno Assistant Sub-
Inspectors are a part of a different cadre vis-a-vis Sub-
E Inspectors/Assistant Sub-Inspectors of the general line. We
hereby, therefore endorse the view expressed by the High
Court, in the impugned orders. We shall now examine the
different submissions advanced on behalf of the appellants.
F 14. The first contention advanced at the hands of the
learned counsel for the appellants was based on a
communication addressed by the Government of Bihar,
Political Department (Police Branch), to the Inspector General
of Police, Bihar, dated 4.9:1953. Since substantial emphasis
G was laid on the aforesaid communication, the same is being
extracted hereunder:
"Sub.:- Establishment of a new cadre of Steno-S.ls. and
Steno-AS.ls. in the Police Department
H
KUMOD KUMAR v. STATE OF JHARKHAND 55
[JAGDISH SINGH KHEHAR, J.]

Sir, A

I am directed to refer to the correspondence resting
with your letter no. 1134A/K.W.-l-1-13-47 dated 30/
31.5.52 and to say that, in supersession of the orders
contained in Mr. Naqavi letter no. 2562PP, dated the 27th 8
May, 1947, Government have been pleased to approve
your scheme for the replacement of the existing cadre of
stenographer-clerks in the Police Department by a new
cadre of Steno Sub-Inspectors and Steno Assistant Sub-
Inspectors. as prescribed below:- c
2. The new cadre will consist of the same number of posts
(both permanent and temporary) as are sanctioned for
the existing cadre of Stenographer-clerks including leave
reserve posts. The Steno Sub-Inspectors will draw pay D
in the scale of Rs.100-5-130-EB-6-190 and the Steno
A.S.ls. will draw pay in the scale of Rs.50-2-90
sanctioned for Sub-Inspectors and Asstt. Sub-Inspectors
of Police respectively.
3. The existing Stenographer-clerks, class II attached to E
the Deputy Inspectors General of Police should be
designated as Steno Sub-Inspectors and will draw pay
in the scale of Rs.100-5-130EB-6-190 if they have
passed the Secretariat Stenographer class II
examination. Those who have not passed the above F
examination will draw pay in the scale of Rs. 75-2-85, and ·
will not be absorbed as Steno Sub-Inspectors until they
become eligible for the scale of Rs.100-5-130EB-6-190.
But they may start on Rs.85 if the D.ls.G. consider that G
they have got satisfactory speed in shorthand &
typewriting.
4. The existing Stenographer-clerks attached to the
Superintendents, Asstt. Superintendents and Deputy
H
56 SUPREME COURT REPORTS [2014] 13 S.C.R.

A Superintendents of Police should be designated as
Steno-A.S.ls. and will continue to draw pay in the scale
Rs.50-2-70-EB-2-90 plus the special pay admissible to
a passed or an unpassed Steno-clerk.

B 5. The Steno Sub-Inspectors and Steno Assistant Sub-
Inspectors will be enrolled under the Police Act. While
employed on the work of stenographer they will not
exercise any police powers. They will not be entitled to
any conveyance, house rent or uniform allowance as are
c admissible to ordinary S.ls. and Assistant Sub-Inspectors
of Police in the general line.
6. The Steno Sub-Inspector will be recruited on the result
of a competitive examination in the same manner as
other Sub-Inspectors are recruited. The minimum
D
qualifications for a candidate appointed to this rank will
be an intermediate standard. They will undergo a special
test of shorthand and typewriting and must display in both
speed and accuracy, minimum standards to be fixed by
E the Inspector-General of Police, Biharfrom time to time.
7. They will serve as Steno Sub-Inspector for about 5 to
7 years and if found suitable they will be eligible for
absorption in the general line as S.I. of Police. Their
reversion to general line will take effect after their
F selection by the Central Selection Board co-existing of
Deputy Inspectors General of Police.
8. The Steno Assistant Sub-Inspector will also be
appointed by direct recruitment after a competitive
G examination and interview by Central Selection Board.
The minimum qualification for a candidate recruited, in
this rank will be a matriculation certificate or equivalent
thereto. All the candidates thus selected will be required
to pass a special test in shorthand and typewriting as
H
KUMOD KUMAR v. STATE OF JHARKHAND 57
[JAGDISH SINGH KHEHAR, J.]

laid down for Steno S.ls. The physical standard will be A
the same as for other AS.ls. appointed by direct
recruitment.
9. On appointment as Steno Assistant Sub-Inspectors,
they, will continue as such for 5 to 7 years. Thereafter, if B
they are found suitable, they will be eligible for absorption
in the general line asA.S. ls. of Police. Their reversion to
general line will take effect their selection by the Central
. Selection Board consisting of Deputy Inspectors General
of Police. The Steno Assistant Sub-Inspectors after C ·
promotion to the rank of Steno Sub~lnspectors may be
absorbed in the permanent cadre of Sub-Inspectors of
Police.
10. The Steno Sub-Inspectors and Steno Assistant Sub-
0
Inspectors, on their absorption in the corresponding rank
in the general line will be required to undergo a course
of training at the Police Training College, Hazaribagh,
before they are employed on regular duties of the general
line. E
11. The existing Steno-clerks on their ab~orption as Steno
Sub-Inspectors or Steno Assistant Sub-Inspectors, as the
case may be, will count their seniority vis-a-vis the officers
of the general line from the date of appointment as Steno F
Sub-Inspectors or.StenoAssistant Sub-Inspectors.
12. The existing incumbents will be appointed as Steno
Assistant Sub-Inspectors and Steno Sub-Inspectors after
they have satisfied the conditions now imposed for their
recruitment and after they have been interviewed and G
faun~ suitable by a Selection Board consisting of not less
than 3 Deputy Inspectors General of Police. Those ·
existing incumbent$ who are unwilling or found unsuitable
for appointment as Steno Assistant Sub-Inspectors and
H
58 SUPREME COURT REPORTS [2014] 13S.C.R.

A Steno Sub-Inspectors will continue to remain as Steno-
clerks on their existing scale of pay.

13. Proposals for amendment of the Police Manual Rules
may be sent to Government in due courses.
B 14. The Accountant-General Biharhas been informed."
(emphasis is ours)
Based on the position expressed in paragraph 11 of the
afore-extracted communication dated 4.9.1953, it was the
c vehement contention of the learned counsel for the appellants,
that on their absorption (on reversion), Steno Sub-Inspectors/
Steno Assistant Sub-Inspectors, would count their seniority vis-
a-vis the officers of the general line, from the date of thei.r
appointment as Steno Sub-Inspectors/Steno Assistant Sub-
D Inspectors. It was further the contention of the learned counsel
for the appellants, that a perusal of paragraph 13 of the
communication reveals, that the proposal expressed in
paragraph 11 (of the above communication), was acceptable
to the State Government, and that the above acceptability
E extended to an assumption of the Government's approval for
an appropriate amendment to the provisions contained in the
Police Manual as well.
15. We have given our thoughtful consideration to the
F first contention advanced at the hands of the learned counsel
for the appellants. First and foremost, a perusal of the subject
of the aforesaid communication reveals, that the Steno Sub-
Inspectors/Steno Assistant Sub-Inspectors were recognized
as a separate and distinct cadre for the Police Department.
G Not only th!i subject of the communication, but also its
paragraph 1, visualizes the creation of separate cadre of
Stenographers. Secondly, the cadre of Steno Sub-Inspectors/
Steno Assistant Sub-Inspectors was to be created out of the
existing cadre of Stenographer-clerks. Paragraph 5 of the
H
KUMOD KUMAR v. STATE OF JHARKHAND 59
[JAGDISH SINGH KHEHAR, J.]

communication denotes, that the cadre of Stenographers. A
contemplated in the communication, would not discharge any
police functions vested in the general line.. Paragraph 6
recognises the fact, that the Steno Sub-Inspectors/Steno
Assistant Sub-Inspectors would be recruited in the same
manner as other Sub-Inspectors/Assistant Sub-Inspectors of B
Police. Despite thereof, paragraphs 7 and 9 clearly postulate,
that they would be entitled to absorption in the general line as
Sub-Inspectors/Assistant Sub-Inspectors only if they are found
suitable. Paragraphs 7 and 9 envisage, that their reversion to
the general cadre would take effect after their selection by the C
Central Selection Board. Paragraphs 7 and 9 therefore clearly
eJ<pound, that for the purpose of their appointment in the general
line, the date of appointment would not be their original date
of appointment to the cadre of Steno Sub-Inspectors/Steno
0
Assistant Sub-Inspectors, but would be "after their selection
by the Central Selection Board". Paragraph 10 of the
communication dated 4.9.1953 postulates, that Steno Sub-
Inspectors/Steno Assistant Sub-Inspectors, if found suitable
for absorption in the general line, would be required to undergo E
training at the Police Training College, before they are
deployed for duties of the general line. None of the foregoing
aspects contemplated in the communication dated 4.9.1953,
lends credence to the submission advanced at the hands of
the learned counsel for the appellants, namely, that on the F
absorption of Steno Sub-Inspectors/Steno Assistant Sub-
Inspectors in the general line of the Police Department, they
would be entitled to seniority with reference to the date of their
induction into the police service in the stenographers cadre.
G
16. The position recorded by us in the foregoing
paragraph, does not take into consideration the pointed
submission advanced at the hands of the learned counsel for
the appellants. In his suhmission, learned counsel had placed
reliance only on paragraph 11 of the communication dated H
60 SUPREME COURT REPORTS (2014] 13 S.C.R.

A 4.9.1953. It is not possible for us to accept, that the appellants
can seek any benefit from the contents of paragraph 11 of the
communication dated 4.9.1953. Paragraph 11 aforementioned
was made applicable only to "The existing steno-clerks on their
absorption as Steno Sub-Inspectors or Steno Assistant Sub-
s Inspectors ... will count their seniority vis-a-vis the officers of
the general line from the date of appointment as Steno Sub-
1nspectors or Steno Assistant Sub-Inspectors". The
appointment of the appellants into the Police Department came
about decades after the issuance of the communication dated
C 4.9.1953. The appellants were inducted into the Police
Department by way of direct recfuitment as Steno Sub-
Inspectors/Steno Assistant Sub-Inspectors, they were not
shown to have ever held the post of Steno-clerks. It would be
D pertinent to mention, that the cadre of Steno Sub-Inspectors/
Steno Assistant Sub-Inspectors was created out of the existing
cadre of Stenographer-Clerks. Therefore, terms and
conditions postulated (in the letter dated 4.9.1953) with
reference to the Steno-Clerks, cannot be extended to Steno
E Sub-Inspectors/Steno Assistant Sub-Inspectors. Therefore, per
se paragraph 11 of the letter dated 4.9.1953 is inapplicable to
the controversy in hand. Because the appellants cannot,
describe themselves as "existing" Steno-Clerks, when the
aforesaid communication was issued, the communication
F dated 4.9.1953, in our considered view, is wholly irrelevant/
inapplicable to the claim raised on behalf of the appellants.
Paragraph 11, at best, afforded a protection to Steno-Clerks
who had been inducted into the service of the Police
Department prior to the creation of a separate cadre of Steno
G Sub-Inspectors/Steno Assistant Sub-Inspectors. Interpreted in
the above manner, it is apparent, that the aforesaid benefit
would not flow to those appointed to the Stenographers' cadre
after the issuance of the communication dated 4.9.1953, or
alternatively, after the incorporation of the proposals accepted
H
KUMOD KUMAR v. STATE OF JHARKHAND 61
[JAGDISH SINGH.KHEHAR, J.]

by the State Government ·(in the communication dated A
4.9.1953), through the suggested amendment in the existing
provisions of the Police Manual. In the above view of the matter,
we find no 1)1erit in the first contention advanced at the hands
of the learned counsel for the appellants.
B
17. The second contention advanced by the learned
counsel for the appellants was premised on the fact, that there
were no existing statutory rules on the basis whereof the
seniority of Steno Sub-Inspectors/Steno Assistant Sub-
Inspectors can/could be deterrT\ined, on their absorption (on c
r~version), as Sub-Inspectors/Assistant Sub-Inspectors in the
general line. In the above situation, it was the contention.ofthe
learned counsel for the appellants, that reference needs to be
made to the existing administrative instructions on the subject
of seniority. In this behalf, learned counsel for the appellants D
has invited our attention to general principles laid down by the
Department of Personnel, Government of Bihar, for fixing the
inter se seniority in service,_ through instructions dated
26.8.1997. Learned counsel has placed emphatic reliance
on paragraph (ii!) thereof, which is being reproduced E
hereunder:-
"iii. Where an incumbent is transferred from one service
to another on his own request, services rendered by him •
in the previous post shall not count for seniority. But in F
case such transfer follows a policy decision taken by
Government, his services in the previous post shall count.
for seniority."
It was the submission of the learned counsel for the G
appellants, that the appellants were not transferred from the
cadre of Steno Sub-Inspectors to the general line, against the
post of Sub-Inspectors in the police force, on their own request.
Relying on the manner of determining seniority in the
H
62 SUPREME: COURT REPORTS [2014] 13 S.C.R.

A departmental instructions dated 26.8.1997, it was submitted,
that the previous service rendered by the appellants (in the
cadre of Stenographers) was liable to be "counted", while
determining their seniority, for the simple reason, that they had
not made any request for their appointment (on reversion) to
B the general line. It was submitted, that only when a transfer is
made on request, the service rendered by an employee on
the previous post is not to be taken into consideration, for
determining seniority. Since that is not the case here, it is the
contention of the learned counsel for the appellants, that the
C appellants were entitled to count the service rendered by them
in the Stenographers' cadre, consequent upon their
appointment (on reversion) to the general line.

18. The contention advanced at the hands of the learned
D counsel for the appellants, as has been noticed in the foregoing
paragraph, was refuted by the learned counsel representing
the respondents. It was the submission of the learned counsel
for the respondents, that the reason which prompted the
authorities to provide for appointment (on reversion) from the
E cadre of Stenographers, to the general line of the Police
Department, was that there were no promotional avenues in
th€ Stenographers' cadre, and as such, career progression
was provided for those in the Stenographers' cadre by way of
F' absorption (on reversion) to the general line. In the aforesaid
background, it was contended, that the appellants cannot be
held entitled to the benefit of past service (in the cadre of
·stenographers), for determining seniority in the general line of
the police force. It was also the contention of the learned
G counsel for the respondents, that the appointment under
reference cannot be deemed to be an appointment made by
way of transfer, and as such the instructions dated 26.8.1997
would be inapplicable to the case in hand.
19. We have given our thoughtful consideration to the
H
KUMOD KUMAR v. STATE OF JHARKHAND 63
[JAGDISH SINGH KHEHAR, J.]

second contention advanced at the hands of the learned A ·
counsel for the appellants. It is necessary for us to extract
hereunder paragraph 17 of the impugned order. The same is
accordingly reproduced hereunder:-

"17. One more aspect of the matter also indicates t~at B
these posts of Steno Sub-Inspectors and general cadre
Sub-Inspectors are separate/distinct cadres. It is an
admitted fact that in view of lack of promotional avenues
in the cadre of Steno Sub-Inspector of Police a special
scheme was framed by the State Government to allow C
the Steno Sub-Inspector Police to come to the general
line of Sub-Inspector after completing minimum service
of 5-7 years, subject to suitability and physical fitness.
On being selected in the general line of Sub-Inspector of
Police, Steno Sub~lnspector of Police was require to D
undergo the requisite Police training and only after
successful completion of the training, he (Steno Sub-
Inspector of Police) is inducted into the cadre of general
line sub-Inspector of Police to enable him to avail the
promotional avenues thereafter. Thus, it is clear that the E
post of Steno Sub-Inspector of Police belongs to an
entirely different.cadre."
In our considered view, as a general proposition, in the
absence of any express.provision, there can be no dispute F
whatsoever, that consequent upon appointment by way of
transfer, a transferred employee who acquires the right to hold
an equivalent post in the exigency of service or in pubic interest,
is entitled for the determination of his seniority, to count the
period of service rendered by him against the erstwhile post, G
along with the period of service rendered by him in the post to
which he has been transferred. The situation herein is however
different. The appointment of the appellants (on reversion) is
neither in public interest nor in exigency of service. The
·H
64 SUPREME COURT REPORTS r?Q14] 13 S.C.R.

A appellants' appointment (on·reversion) to the general line, is
for the benefit of .the appellants (who belonged to the
Stenographers' cadre), on account of lack of promotional
avenues. An employee who accepts to participate in the
process of selection to determine his suitability, as
B contemplated in the provisions extracted hereinabove, cannot
be allowed to contend that his appointment (on reversion) to
the general line, was on account of the employer's will. Having
participated in the process of selection, the appellants will be
deemed to have sought and opted for their appointment (on
C reversion) to the general line of the police force. It is only on
the determination of the incumbent's suitability, through a
selection process, that an individual from the Stenographers'
cadre, will gain entry into the general line of Sub-Inspectors/
D Assistant Sub-Inspectors of Police. Such appointment is
neither in public interest nor in the exigency of service.
Furthennore, it is not possible for us to accept, that appointment
(on reversion) contemplated in the present case, can be
equated with an appointment by way of transfer, as generally
E understood. Stricto senso, therefore, it is not possible for us
to accept, that the appointment of the appellants from the
Stenographers' cadre would fall within the regime
contemplated, under the extracted clause, relied upon by the
learned counsel for the appellants (from the departmental
F instructions, dated 26.8.1997).

20. General principles of service law jurisprudence are
applicable, only in situations wherein there are no express rules
governing the determination of seniority. We would venture to
G express the legal position on the basis of a sample illustration.
Take for instance, the post of Constable. In the police
department, the cadre of Constables is at the District level.
Persons holding the same post would, therefore, be placed in
separate and distinct District cadres (depending upon their
H recruitment, .to a particular District). Each District cadre of
KUMOD KUMAR v. STATE OF JHARKHAND 65
[JAGDISH SINGH KHEHAR, J.]

Constables, will have a separate seniority list. In terms of A .
seniority, Constables in one District cadre, would not be
comparable with other Constables in the remaining District
cadres. Even though the post is the same, if a Constable is
transferred "at his own request/option" from one cadre to
another, i.e., from District "A" to District "B", he would be placed B
at the bottom of the seniority of the cadre to which he is
transferred, Le., at the b.ottom of the seniority of Constables in
District "B". He would not legally be entitled to count his seniority
with reference to the date of his induction into the service of
the police depai;tment as a Constable. This is the true purport C
of the departmental instructions (dated 26.8.1997). The_
position would be quite different in case a Constable is
transferred from one district cadre to another district cadre in
public interest and/or on account of a policy decision. In such D
a situation, even though the Constable is transferred to another
cadre, i.e., from District "A" to District "B", he would legally be ·
entitled to count his seniority with reference to the original date
of his appointment against the post of Constable in District
"A" while determining his seniority in District "B". The above E
illustration would be clearly inapplicable in case a person holds
post - say "X", ·is appointed (say, on reversion) to another post
- say "Y", after participating in a selection process. When an
individual moves from post "X" in a particular cadre to post "Y'!
in another cadre: the principle relied upon by the learned F
counsel for the appellants, would be inapplicable. As in the
present case, the appellants were originally inducted into the
Police Department to the cadre of Steno Sub-Inspectors/Steno
Assistant Sub-Inspectors and thereafter, were appointed on
reversion to the cadre of Sub-Inspectors/Assistant Sub- G
Inspectors of Police in the general line of the Police
Department. Herein, the appointment contemplated is from a
different post with different duties and responsibilities, to
another separate and distinct post with wholly different duties
H
66 . SUPREME COURT REPORTS .,014] 13 S.C.R.

A and responsibilities. This appointment contemplates shifting
from one cadre to a different cadre. This appointment is
preceded by a process of selection, to be conducted by the
Central Selection Board. Herein, in the absence of statutory
rules and/or express executive instructions. the transferee
B would not be entitled to count the period of service rendered
by him in the former post, on the basis of the principle invoked
by the learned counsel for the appellants. In the submissions
advanced by the learned counsel for the appellants, he seeks
to refer to the factual position in the latter illustration, but desires
C to apply the principle contemplated in the forr:ner situation. It
is only because the submissions advanced at the hands of the
learned counsel for the appellants, deserved to be clarified,
that we have demonstrated the position through the illustration
referred to hereinabove. In view of the above, we are satisfied
0
that the claim of the appellants, based on the second contention
advanced atthe hands of the learned counsel for the appellants,
is clearly untenable. It is so, not only because of the legal
position depicted hereinabove, but also because, the general
E principles of seniority applicable to transfers, are inapplicable
to the facts and circumstances of the case in hand.

21. The statutory rules referred to in the Police Manual
expressly postulate, that appointment of those absorbed (on
reversion) to the general line, will be determined on their
F selection by the Central Selection Board. The transfer
contemplated in the departmental instructions, dated
26.8.1997, is therefore not relateable to the appointments (on
reversion) contemplated in the present case. It is therefore
G not possible for us to refer to the general principles laid down
by the Department of Personnel, dated 26.8.1997, to draw
any conclusion in respect of the controversy in hand. We are
also in agreement with the submission advanced by the
learned counsel for the respondents, that it is not justified to
H treat the appointment of the appellants to the general line of
KUMOD KUMAR v. STATE OF JHARKHAND 67
[JAGDJSH SINGH KHEHAR, J.]

the Police Department, as an appointment by way of transfer. A
For the reasons recorded hereinabove, we find no merit in the
second contention.

22. The third contention of the learned counsel for the
appellants was based on earlier judgments rendered on the B
issue. First and foremost, reliance was placed by the le~rned
counsel for the appellants on a judgment rendered by a Division
Bench of the High Court of Patna in Bhagwat Prasad Singh v.
Bhudeo Tiwari (C.W.J.C. No.6371 of 1990, decided on
2. 7.1993). In the judgment relied on, the petitioners were c
inducted as Steno Sub-Inspectors of Police. They joined as
such on 1.3.1967. Subsequently, on their "option", they were
absorbed and confirmed in the cadre of Sub-Inspectors of
Police, in the general line with effect from 2.1.1969. The
petitioners in the above case desired to be placed above the D
direct recruits to the cadre of Sub-Inspectors of Police in the
general line, who were appointed on 2.1.1969. While
adjudicating upon the controversy, the High Court categorically
arrived at the conclusion, that the cadre of Steno Sub-
Inspectors of Police, was entirely different from the cadre of E
Sub-Inspectors of Police in the general line. Thereupon, for
the purpose of determining the petitioners' seniority with effect
from the date of entry into the police service (as prayed for by
them), the High Court first placed reliance on a Government
circular of 1972 laying down rules governing general principles F
and procedures for fixation of seniority, wherefrom it inferred,
that when an incumbent is transferred from one service to
another "on his own request", service rendered by him in the
previous post would not count for seniority. But it was also G
noticed, that in case such transfer is based on a policy decision ·
taken by the Government, the concerned employee's service
in the previous post, would count towards seniority. The High
Court, while recording the above conclusion, also relied upon
the decision rendered by this Court in Direct Recruit, Class II H
68 SUPREME COURT REPORTS [2014] 13 S.C.R.

A Engineering Association v. State of Maharashtra, AIR 1990
SC 1607 to infer, that once an incumbent was appointed to a
post in accordance with the rules, his seniority had to be
counted from the date of his appointment, and not from the
date of his confirmation. It is thereupon that the High Court
B recorded the following CC?nclusion:

"11. Keeping in view the facts of the present case and
the principles governing determination of seniority it has
to be held that for the purpose of determining inter se
c seniority of the petitioners and respondent nos. 1 to 19,
the respective dates of entry/appointment of these
persons in the cadre of Sub-Inspector of Police can be
the only relevant basis and neither the date of first
appointment of the petitioners in another cadre nor the
D date of confirmation of the respondents on their
respective post is of any consequence for the said
purpose. Accordingly, in our opinion, there is no merit in
this writ application which is accordingly dismissed ... "
E 23. Learned counsel for the appellants then placed
reliance on another judgment rendered by the High Court of
Patna in Surya Nath Singh v. State of Bihar (C.W.J.C. No.11211
of 2003, decided on 30.3.2006). Herein again, the petitioners
in a set of writ petitions disposed of collectively had joined the
F State Police Department as Steno Sub-Inspectors/Steno
Assistant Sub-Inspectors. Consequent upon their appointment
(on reversion) as Sub-Inspectors/Assistant Sub-Inspectors in
the general line of the. police department, they claimed their
seniority in the general line, with effect from the date of their
G induction into the police department as Steno Sub-Inspectors/
Steno Assistant Sub-Inspectors. It was their contention, that
the earlier decision rendered by the High Court in Bhagwat
Prasad Singh's case (supra) was wrongly decided. Even in
the instant case, the High Court arrived at the conclusion, that
H
KUMOD KUMAR v. STATE OF JHARKHAND 69
[JAGDISH SINGH KHEHAR, J.]

the posts of Steno Sub-Inspectors/Steno Assistant Sub- · A
Inspectors and those of Sub-Inspectors/Assistant Sub-
Inspectors in the general line belonged to two distinctly
separate cadres, and hence, the service rendered by the
petitioners in the cadre of Steno Sub-Inspectors/Steno
Assistant Sub-Inspectors being in a separate cadre could not B
be taken into account for determining their seniority, in the
cadre of Sub-Inspectors/Assistant Sub-Inspectors (on
reversion) to the general line. On an analysis of the decisions
relied upon at the behest of the petitioners, the High Court
arrived at the following conclusions: c
"13. On a consideration of the two decisions in Girish
Pandey and B.P. Singh and the relevant provisions of
Appendix of the Bihar Police Manual, I came to the
following conclusions:- D

Posts of Steno Sub Inspector/Steno Assistant Sub
·Inspector and those of Sub Inspector/Assistant Sub
Inspector belong to entirely different cadres. Ordinarily,
after serving as stenographer for five years, Steno Sub E
Inspector/Steno Assistant Inspector would revert to the
district work and o.n reversion, their seniority in the main·
police line would be reckoned from the date of their
reversion.

In case, Steno Sub Inspector/Steno Assistant Sub F
Inspector are retained by the Inspector-General of Police
as Stenographers for a period exceeding five years, on
'reversion' their loss of seniority shall not be more than
five years inasmuch as the Inspector-General of Police G
cannot retain them beyond five years and cause further
prejudice to them with regard· to their seniority on
'reversion', as observed in the decision in Girish Pandey."

H
70 SUPREME COURT REPORTS [2014] 13 S.C.R.

A Having recorded the aforesaid conclusions, the High
Court expressed the view that the decision rendered by the
Division Bench in Bhagwat Prasad Singh's case (supra) was
correctly determined. The High Court accordingly declined
the petitioners the benefit of seniority in the general line of the
B police department, with effect from the date of their entry into
service against the posts of Steno Sub-Inspectors/Steno
Assistant Sub-Inspectors.
24. It was the pointed contention of the learned counsel,.
c that the determination rendered by the High Court in Bhagwat
Prasad Singh's case (supra) was premised on a very
significant fact, namely, that the petitioners in the controversy
settled by the High Court, had "opted" for their transfer from
the Stenographers' cadre, to the general line of the police
D department. It was submitted, that the High Court was fully
justified in the aforesaid factual background, to deny the
petitioners (before the High Court) the right to take into
consideration the service rendered in the Stenographers'
cadre, towards seniority in the general line of the Police
E Department. It was submitted that the position in the present
controversy is quite different, inasmuch as, herein the
petitioners had not opted for their appointment to the general
line of the Police Department. It was submitted that the position
in the present case being converse to the position in Bhagwat
F Prasad Singh's case (supra), the appellants would certainly
be entitled to seniority from the date of their appointment in
the Stenographers' cadre.
25. It is not possible for us to accept the submission of
G the learned counsel for the appellants, that the appellants had
not "opted" for their transfer from the cadre of Steno Su.b-
lnspectors/StenoAssistant Sub-Inspectors to the cadre of Sub-
Inspectors/Assistant Sub-Inspectors in the general line of the
police force. We have already recorded our conclusion
H
KU MOD KUMAR v. STATE OF JHARKHAND 71
[JAGDISH SINGH KHEHAR, J.]

hereinabove to the effect that the appellants having participated A
in the process of selection before the Central Selection Board,
they must be deemed to have exercised an express option for
moving from the Stenographers' cadre to the general line of
the Police Department. Thus viewed, we are satisfied that the
judgments relied upon by the learned counsel for the appellants B
rendered in respect of police personnel of the same
department cannot be relied upon for the purpose canvassed
by the learned counsel. We, therefore, hereby decline the third
contention advanced at the hands of the learned counsel for
the appellants. c
26. While concluding his submissions, learned counsel
forthe appellants placed reliance on three judgments rendered
by this Court, to support the cause canvassed on behalf of the
appellants. It would be pertinent to mention that reference was D
made to K.C. Arora v. State of Haryana, (1984) 3 SCC 281,
T.K. Kapur v. State of Haryana, 1986 (Supp) SCC 584, and
K.P. Sudhakaran v. State of Kerala, (2006) 5 SCC 386. We
have gone through the judgments pointed out by the learned
counsel for the appellants. In our considered view, the same E
are premised on peculiar facts and circumstances of the cases
considered, or alternatively on the statutory rules applicable to
a particular service. None of the aforesaid judgments can
gainfully be relied upon to draw an inference one way or the
other, insofar as the present controversy is concerned. F
27. For the reasons recorded herein above, we find no
merit in these appeals. The same are accordingly dismissed.

G
Devika Gujral Appeals dismissed.