Nazrul Islam and 29 Ors v. The State of Assam

ORDER

02.05.2024

Heard Shri D. Deka, learned counsel for the petitioners whereas Shri D. Nath, learned Senior Government Advocate is present for the official respondents.

¶2The facts as projected in the writ petition are that the petitioners are working as Constables in the Armed Branch of the Assam Police since their appointment in the year 2001. A Circular No. 4 of 2013 was floated enabling conversion of Constables from Armed Brach to Unarmed Branch.

¶3It is the case of the petitioners that they meet the criteria laid down in the said Circular, more particularly with regard to educational qualification, minimum length of service, no court case or Disciplinary Proceeding and no major penalties being inflicted upon them during their tenure as constables in the Armed Branch. Page No.# 9/10

¶4Shri Deka, the learned counsel for the petitioners has submitted that pursuant to the aforesaid Circular, the petitioners had submitted a representation dated

21.12.2013 for such conversion and accordingly, the Superintendent of Police, Darrang, Mangaldoi had sent a list of such candidates to the Additional Director General of Police Administration on 10.11.2014. It is claimed that the aforesaid list contains the names of the petitioners. The petitioners were however surprised to learn that vide a select list dated 22.09.2015, 1127 numbers of Women Police Constables were converted from Armed Branch to Unarmed Branch and such Women Police Constables were junior to the petitioners.

¶5The learned counsel has also drawn the attention of this Court to an earlier writ petition filed by similarly situated persons in which there was an order dated

14.10.2015 to keep certain posts of constables in the Unarmed Branch vacant.

¶6The contention of the learned counsel for the petitioners is that they being eligible for such conversion as per the Circular in force, their cases ought to have been considered and they be given the benefit of conversion from Armed Branch to Unarmed Branch.

¶7Shri D. Nath, learned State Counsel has fairly submitted that factually there is no dispute with the projection made. However, the conversion was made for woman constables as there was an immediate need which was in sync with the public interest. The learned State Counsel however fairly concedes that if the petitioners are fulfilling the criteria laid down in the Circular No. 4 of 2013, their cases would be considered in accordance with law and seniority.

¶8The learned State Counsel submits that though a formal affidavit-in-opposition has not been filed, there are detailed written instructions forwarded vide letter dated

22.11.2022. The learned State Counsel has relied upon the response to paragraph 14 of the writ petition which reads as follows: "Para 14 : As stated in foregoing paragraphs. Further, it is to mention that the Page No.# 10/10 conversion of Armed Branch (AB) Constables is a continuous process and it is going on as per seniority cum merit list. When the petitioners turn will come they will be converted to Unarmed Branch (UB) Constables subjected to the fulfilment of required criteria for such conversion. The conversion process is also subjected to the vacancy position of UB Constables in Assam Police."

¶9The learned State Counsel submits that it is the categorical stand of the official respondents that the process of conversion from Armed Branch to Unarmed Branch is a continuous process and as and when the turn of the petitioners would come, their cases would definitely be considered along with similarly situated persons.

¶10After hearing the learned counsel for the parties, this Court is of the opinion that the action to give benefit of conversion from Armed Branch to Unarmed Branch in the Assam Police to Women Police Constables which has been submitted to be as per an immediate requirement and for public interest, may not be found fault with. At the same time, the right of a fair consideration of the petitioners for giving benefit of such conversion from Armed Branch to Unarmed Branch cannot be taken away.

¶11In view of the aforesaid facts and circumstances, this Court is of the view that a due consideration of the cases of the petitioners for such conversions from Armed to Unarmed Branch is required to be done on a priority basis, more so when it is on record that in the list dated 10.11.2014 sent by the Superintendent of Police, Darrang, the names of the petitioners had figured and in the meantime, almost a decade has passed. To facilitate the respondents to undertake the exercise, the petitioners may submit a fresh representation along with a copy of this order for doing the needful.

¶12Writ petition accordingly stands disposed of.

¶13A copy of the written instructions is made part of the records. JUDGE Comparing Assistant

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