SISIR KUMAR MOHANTY AND ORS. versus ST ATE OF ORISSA AND ORS.

Citation: [2002] 3 S.C.R. 976 · Decided: 09-05-2002 · Supreme Court of India · Bench: G.B. PATTANAIK · Disposal: Dismissed
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Judgment (excerpt)

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SISIR KUMAR MOHANTY AND ORS. 
v. 
ST ATE OF ORISS/. AND ORS. 
MAY 9, 2002 
[G.B. PATTANAIK AND UMESH C. BANERJEE, JJ.] 
Orissa District Police Ministerial Officers (Method of Recruitment and 
Conditions of Service) Rules, 1995. 
Orissa Ministerial Service (Method of Recruitment and Conditions of 
Service of Assistants a_nd Section Officers in the Offices of the Heads of 
Department) Rules, 1994. 
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Service law: 
Parity of benefits of pay scales and promotional benefits-State of 
Orissa-Police Department-Ministerial staff-Working in Headquarters and 
those working in Districts-Held, there was no fusion of two cadres prior to 
or after 1995 Rules-Resolution dated 7th September, 1974 of Government of 
Orissa-1'._ormation of Police Ministerial Officers cadre-Effect and 
E interpretation of. 
The issue in this appeal and writ petition relates to parity of benefits 
of pay scales and other emoluments between the members of the 
ministerial staff in the Police Department of Orissa working in the offices 
of the Superintendent of Police and other district officers with that of the 
F ministerial staff working in the offices of DIG, IG or DGP at the 
Headquarters. 
For claiming parity reliance was placed on the Resolution dated /th 
September, 1974 of Government of Orissa, Home Department, 
Bhubaneshwar. The said Resolution pertained to formation of all Police 
G Ministerial Officers in the State into one separate cadre and directed the 
recruitment to be under section 7 of the Police Act, 1861. Further all Police 
Ministerial Officers in the State were to be designated as Police Officers 
(Ministerial). 
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976 
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SISIR KUMAR MOHANTY v. STATE 
977 
The Orissa Administrative Tribunal by its order dated I Ith July, A 
1988 dismissed the petition. It held that (i) the contention of the petitioners 
that a single cadre for all Police Ministerial Officers irrespective of the 
office/level they were working had been created under Resolution cannot 
be accepted. Consequently, there is no force in the contention of the 
petitioners that they were entitled to be considered for promotion for posts B 
occurring in the higher ranks in the office of DIG/IG/DGP after the 
Resolution was passed; and (ii) the Resolution does not create a single 
cadre for Police Ministerial Officers irrespective of the office/level in \Vhich 
they happen to be working. The main purpose of mentioning in para 2 of 
the Resolution that the police ministerial officers .. \Viii form a separate cadre 
within the general cadre of the Orissa Police and will be designated as C 
Police Officers (Ministerial) was to distinguish them from the executive 
· police officers and as is clear from the mention in para 3 of the Resolution 
'since the duties assigned to them are different, they will have no occasion 
to exercise the powers and functions of the executive Police Officers.' 
Against the decision of Tribunal appeal was preferred before this D 
Court and this Court in its order dated November 28, 1995 found that 
Orissa District Police Ministerial Officers (Method of Recruitment and 
Conditions of Service) Rules, 1995 made a .demarcation between the 
ministerial staff working in the District Offices and those working in the 
offices of DIG, IG and DGP. 
E 
Against the order of this Court dated 28th November, 1955, the State 
Government filed a revie\\o' petition \Vhich \\.'as dismissed. Thereafter, an 
application for modification of the order dated 28th November, 1995 and 
impleadment was filed by some of the petitioners claiming to be affected 
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by the order on the ground that the order was not binding on them. The F 
application for modification and impleadment was converted into a revie\\' 
petition by this Court and by its order dated 16th April, 1998 the review 
petition was allowed and order dated 28th November, 1955 was recalled. 
The connected writ petition was also restored. It was also clarified that 
benefits granted pursuant to order dated 28th November, 1995 were not G 
to be disturbed. The question before this Court in appeal and writ petition 
is: Whether by virtue of Government of Orissa Resolution dated 7.9.1974 
any fusion of t\vo erstwhile cadres of ministerial staff working in the offices 
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of DIG, IG and DGP at headquarters and the ministerial staff working in 
the districts under the District Superintendents of Police was effected till 
24.2.1995 when the Orissa District Police Mi1<isterial Officers (Meth
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