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2002 Supreme(Ker) 29

K.BALAKRISHNAN NAIR
Sasidharan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

K. Balakrishnan Nair, J.

The petitioners are Armed Police Inspectors of Kerala Armed Police 1st Battalion, Thrissur. They have approached this Court challenging Ext.P6 order of the Government where under their claim for retrospective promotion to the post of Havildar has been rejected. The brief facts necessary for the disposal of the case are the following:

2. Kerala Armed Police Battalion I (KAP I) and Kerala Armed Police Battalion (KAPII) were formed as per the Government Orders dated 17.11.1972 and 6.10.1976. Prior to 17.11.1972, there were two Armed Police Battalions, namely MSP and SAP. The non-gazetted posts in the MSP were governed by the Special Rules for MSP Subordinate Service and those in the SAP were governed by various executive orders. KAP I and II Battalions were separate units for the purpose of seniority and promotion. MSP and SAP were also separate units for the above said purpose. While so, the Government issued Special Rules on 18.1.1984 treating all the Police Battalions as a common unit for the purpose of seniority, transfer and promotion. As per R.6(a) of the Special Rules, the Constables recruited to KAP I and II on merger with the common unit wer

















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