J.S. Narang, J.
1. This judgment would dispose of C.W.P. No. 6337 and 9667 of 2005, as common questions of law and somewhat similar facts are involved in both the cases. For brevity, the facts are being taken from C.W.P. No. 6337 of 2005.
2. The petitioner was selected as Constable in the Punjab Police force on May 23, 1979. He passed the requisite test and was brought on the lists specified and indicated under the Punjab Police Rules from time to time. He was promoted as Assistant Sub Inspector on ad hoc basis on June 29, 1992. Subsequently, he was granted fortuitous promotion in the aforestated rank on October 22, 1993, In 1994-95, he had passed Intermediate school course from Punjab Police Academy, Phillaur and he stood first all around. He had earned 35 recommendation certificates from time to time from various officers. The petitioner was given the rank of Sub Inspector (ORP) in May 30, 1996. It was on October 18, 1996, the petitioner was regularly promoted to the rank of Assistant Sub Inspector. However, he was granted exemption from passing Upper School Course vide communication dated September 9, 1992, copy Annexure P5. He was brought on promotion list E-I (Exemptee). He was also promoted to the rank of Sub Inspector, by an order dated September 20, 2002, which is indicative of an order dated September 14, 2002 passed by the Deputy Inspector General of Police (Border Range), Amritsar vide which he had been brought on promotion list E-II (Exemptee) with effect from 7.9.2002 pursuant to the order passed by Deputy Inspector General of Police, Punjab on September 9, 2002. He was also approved for promotion to the rank of Sub Inspector Police. However, a communication dated September 21, 2004, was issued by the Director General of Police, Punjab to the Deputy Inspector General of Police (Border Range) Amritsar, which indicates that the petitioner along with others had been approved for the grant of local rank in exercise of the powers vested with the Director General of Police, Punjab under Rule 13.2-A of the Punjab Police Rules. The communication indicated that the petitioner had been approved for the grant of local rank of Inspector. It had been categorically mentioned that conferment of local rank to the officer will be subject to the conditions that usage of this rank shall not exceed six months at a time, which may be extended from time to time for the like period after recording reasons for each such extension. Such officers shall not be entitled to get any extra pay and allowances for holding such rank. They shall also not be entitled to claim any seniority over the enrolled police officers by virtue of having such a local rank. Local rank could be withdrawn from the individual in case his work deteriorate and such withdrawal could be made at any time without issuing any show cause notice.
3. Pursuant to the aforestated order, the Senior Superintendent of Police Tarn Taran, passed an order dated October 12, 2004. It was on March 22, 2005, issued on 24.4.2005, a teleprinter message (TPM) was received by all Heads of Police Force in Punjab indicating that upon completion of a period of six months, the officers enjoying such local rank would be brought back to the original ranks, unless there is an express order from the head office. It had been reiterated that local ranks as conferred by the Director General of Police in exercise of the powers under Rule 13.2-A of the Punjab Police Rules, would automatically lapse after six months and that no order of withdrawal need be passed separately. Upon expiry of the period of six months, the local ranks be not reflected by the concerned officer. It had been further clarified that in case any extension is granted, the same would lapse after expiry of six months thenceforth and would be subject to the same condition as indicated in the TPM. It shall be apposite to notice the contents of the T.P.M., which has been appended as Annexure P10, which reads as under:
THIS IS IN CONT. TO THIS OFFICE TPM NO.21368-467/E/1 DTD 27.7.04/ REG. LOCAL RANKS VIDE THIS OFFICE TPM UNDER REFERENCE IT WAS CLARIFIED THAT ALL OFFICERS ARE ENJOYING LOCAL RANKS SHD AUTOMATICALLY BE BROUGHT BACK TO THEIR ORIGINAL RANKS AS PER THE COMPLETION OF SIX MONTHS UNLESS THERE IS AN EXPRESS ORDER FROM THIS OFFICE EXTENDING THE LOCAL RANKS. IT IS REITERATED THAT LOCAL RANKS ARE CONFERRED BY THE DGP IN EXERCISE OF RULE 13.2(A) OF PPR AND THEY AUTOMATICALLY LAPSE AFTER SIX MONTHS ( ) CPO DOES NOT HAVE TO ISSUE ANY ORDER OF WITHDRAWAL ( ) THAT IS TOBE PRESUMED ( ) YOU ARE REQUESTED TO STOP REFLECTING THE LOCAL RANKS AT YOUR OWN LEVEL ON LAPSE OF SIX MONTHS AND ISSUE SUITABLE ORDERS ACCORDINGLY ( ) IN CASE DEP GRANTS AN EXTENSION THE SAME PROVISIONS WOULD BE INVITED AT THE END OF THE EXTENSION PERIOD ( )/
4. Aggrieved of the aforesaid order, the petitioner has filed the present petition challenging the order (TPM) on various grounds as set on out in the petition.
5. Learned Counsel for the petitioner has argued that in view of the judgment of the Hon'ble Supreme Court rendered in re: Paras Kumar and Ors. v. Ram Charan Singh and Ors. 2004(2) R.S.J. 658, the ORP rank of the petitioner as Inspector would stand protected and, therefore, the respondents were not well within their rights in issuing the impugned order, copy Annexure P10. Once the ORP rank was granted, the case of the petitioner would be determinable and that the scheme promulgated by the State, pursuant to the observations of the Hon'ble Supreme Court, the order dated April 22, 2005, copy Annexure P10, is in violation of the affidavit filed by the respondents before the Hon'ble Supreme Court and is in derogation of the observations made by the Hon'ble Supreme Court.
6. We have heard counsel for the parties at length and have also perused the paper book as also the judgment of the Hon'ble Supreme Court, referred to above.
7. The perusal of the communication dated September 21, 2004, copy Annexure P8, shows that the Director General of Police exercised his powers under Rule 13.2-A in granting the local rank of 'Inspector'. It has been indicated that the local rank so granted, shall not exceed six months unless extended for a like period, after according reasons. Pursuant thereto, the Senior Superintendent of Police Tarn Taran, issued order dated October 12, 2004, vide which the local rank was conferred upon the petitioner, by virtue of Rule- 13.2-A of the Punjab Police Rules, such local ranks cannot be used or reflected beyond a period of six months from the date of conferment. It shall be apposite to notice the aforestated rule which reads as under:
13.2-A Power to grant local rank.- (1) Notwithstanding anything contained in these rules, if the Inspector General of Police considers it necessary so to do in the interest of better functioning of the force, he may, for reasons to be recorded, granted to an enrolled police officer next higher rank as local rank;
Provided that the grant of only a non-gazetted rank shall be permissible under this rule.
(2) The local rank referred to in a Sub-rule (1) shall, in the first instance be granted for a period not exceeding six months which may from time to time be extended for a like period after recording reasons for each such extension.
(3) An officer of the force holding a local rank;-
(a) shall exercise the command and be vested with the powers of an enrolled police officer holding that rank.
(b) shall not be entitled to any extra pay and allowances for holding such rank;
(c) shall not be entitled to claim any seniority over other enrolled police officer by virtue of having held such a local rank.
8. It is the admitted case of the petitioner that he had been granted the local rank of Inspector (ORP) under the orders of the Director General of Police. The order itself is categoric so far as duration of holding/reflecting of such rank by the incumbent is concerned. It has been made absolutely clear that such conferment shall not entitle the incumbent any extra pay allowances or any benefit in regard to the claim of seniority over the enrolled police officials. There is also a stipulation that such rank can be withdrawn any time from the individual if the work of the incumbent deteriorates and such withdrawal can be ordered without issuing any show cause notice. It is also absolutely clear from the rule that the nomenclature of local rank shall pertain only to a non gazetted rank and not a gazetted rank. The rule is absolutely clear still further that the local rank so conferred in the first instance, shall not exceed six months. However, the time period may be extended from time to time for a like period after recording the reasons for each such extension. The local rank of Inspector (ORP) was conferred upon the petitioner by the Director General of Police while exercising the powers under Rule 13.2-A, which obviously could not have been conferred beyond six months and that upon the expiry of the period of six months, the petitioner would automatically revert back to his own rank. So far as the judgment in Paras Kumar's case (supra), is concerned, the matters were absolutely distinct from the case at hand. In the present case, the local rank Inspector (ORP) had been conferred upon the petitioner on the petitioner on October 12, 2004. This order was obviously under the regulatory control of Rule 13.2-A by virtue of which such local rank had been granted. The case of the petitioner is clearly distinguishable and that the petitioner would by no stretch of imagination can be said to be covered by the scheme promulgated by the State for accommodating the persons holding ORP ranks which were subject to the decision of Hon'ble Supreme Court.
9. In view of the above, we find no merit in the petition and the same is dismissed in limine.