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If there is any grievance which the appellants are entitled to raise in respect of the compensation determined as payable, their remedy lies in approaching the courts competent to determine that question. All that those Rules did was to constitute cadre posts which were to be filled by Officers belonging to either the Indian Police or the Indian Police Service as it existed at that time. 9 of the Punjab Civil Services (Punishment-and Appeal) Rules, 1952. 24 of the Punjab Civil Service Rules and the definition of 4 cadre‘ contained in r.

On behalf of the petitioner, reference was made to the definition of ‚Government‘ contained in r. 315 „(e) grant of a licence under this Part for any purpose shall not in any way hinder or restrict- (i) the grant of licence to another person within the same area of supply for a like purpose; or (ii) the supply of energy by the State Government or the State Electricity Board wihin the same area, where the State Government deems such supply necessary Senior Advocates In Chandigarh High Court public interest.

23 of the Punjab Civil Service Rules the Punishment and Appeal Rules would apply at all. 9 of the Punishment and Appeal Rules could not cover the case of revision as r. “ It also added after sub-sec. The lands were properly notified for acquisition. 29 and „it was submitted that if the peti- tioner had held a substantive post in a cadre under the Punjab Government and had been appointed on probation to another post, then the term ‚probationer‘ would not have covered his case, but since the petitioner held a lien on a post in Delhi State and not under the Punjab Government, he could not be deemed to fall within the exception contained in the definition of a ‚probationer‘ in r.

2, the following sub-sec. Article 312(2) of the Constitution simply provided that the existing Indian Police Service constituted on 21st October, 1946 shall be deemed to be created by Parliament under that Article. 238 The learned single Judge examined the third point at some length. “ Reference was made to a number of other rules on behalf of both the parties. -India Services Act, 1951 and under section 3 of the Act the Indian Police Service (Recruitment) Rules, 1954 were promulgated laying down that persons, who had been appointed to the Secretary of State’s Service-Indian Police, were to be included in the Indian Police Service.

The Indian Police (Cadre) Rules, 1950 also did not bring about any merger of the two Services. The first contention put forward by learned counsel for the appellant that the appellant never became a member of the Indian Police Service as deemed to have been created by virtue of Art. Ultimately, on examination of the respective contentions of the parties, the learned Judge concluded that the petitioner „could not be regarded as a probationer within the meaning of r.

It may be mentioned that those persons, who were appointed to the Indian Police under the Crown before Independence, ceased to be members of any regularly constituted Service when the Indian Independence Act came into force in the year 1947. 49 of the Punjab Civil Service Rules, Volume 1, Part 1. The learned Judge was of the view that there was force Top Advocates In Chandigarh High Court the contention that r. It was urged before him that the petitioner did not fall within the definition of a ‚probationer‘ in rule 2.

The compensation payable in respect of the lands has been determined. “ He however did not think it necessary to decide whether in the presence of r. Further, even if the said rule applied, the petitioner did not fall within the meaning of the word ‚probationer‘ as given in rule 9. The submission of learned counsel for the appellant was that the provisions in the Recruitment Rules of 1954 that the Indian Police Service shall consist, inter alia, of members of the Indian Police, could not make them members of the Indian Police Service, because, under the Act, the only power that was conferred on the Central Government was to make Rules regulating recruitment to the Service, and conditions of service of persons appointed to the Service, and did not empower the Government to include within the Service persons who were already members of another Service.

The argument has to be rejected, because, Senior Lawyers In Chandigarh High Court our opinion, the provision laying down that the Indian Police Service shall consist, inter alia of members of the Indian Police, amounts to a rule recruiting the members of the Indian Police to this Indian Police Service. Thereafter, Parliament passed the All. In the result, he dismissed the application. 9 only dealt with a case where it was proposed to terminate the employment of a probationer.

49 of the Punjab Civil Service Rules“ and „he could not claim the benefit of r. 312(2) of the Constitution has no force. The plea of infringement of fundamental rights of the appellants is wholly unsubstantial and was rightly not raised before the High Court Chandigarh Advocates Court in the writ petitions out of which these appeals arise. Consequently, from the time that these Recruitment Rules of 1954 came into force, all persons, who had been appointed to the Secretary of State’s Service- Indian Police, became members of the Indian Police Service, so that, thereafter, they were governed by the provisions of the Act and the Rules framed thereunder.

It is true that the appellant was originally appointed on 25th January , 1937 to the Secretary Secretary of State’s Service known as the Indian Police and when the 228 Indian Police Service was first constituted on 21st October, 1946, persons, who were members of the Secretary of State’s Service known as the Indian Police, did not become members of this newly constituted Indian Police Service. When independence was achieved by India, the Secretary of State and the Crown ceased to have any authority in India, so that no Service of the Secretary of State or the Crown could continue thereafter.