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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Muhamed Mustaque, Sophy Thomas, JJ.
Sri.Shaju A.N – Petitioner
Versus
Sri.Rahoof P.K. – Respondent
OP(KAT).Nos. 198, 204, 216, 226, 227, 230, 233, 234, 239, 246, 268, 271, 316, 318, 328, 329, & 348 of 2022
Decided On : 05-07-2023
Kerala Police Act, 2011 - Kerala State & Subordinate Service Rule 1958 - Rule 27 - Constitution of India, 1950 - Article 227 - Appointment of Sub Inspector of Police - Recruited based on a notification - Order of integration - Challenge at instance of those Sub Inspectors of Police (Trainee) who were recruited based on a notification issued for appointment of Sub Inspector of Police (Trainee) in General Executive Branch – Source of appointment, nature of recruitment, method of training after recruitment etc. may not have any relevance to hold that integration has not taken place if appointments have been made after integration.
Finding of the Court :
Challenge to Special Rules was sustained, holding that there was no integration of the two services - Having found that newly recruited Sub Inspector of Police (Trainee) cannot question integration, reasoning of Tribunal in sustaining challenge to Special Rules has no bearing in matter - Special Rules do not suffer from any other infirmity - Approach of Tribunal in sustaining challenge to Special Rules has no legal basis - Tribunal wrongly placed reliance on earlier judgment of Tribunal regarding recruitment wherein it was observed by Tribunal that integration order did not have efficacy to obliterate recruitment Rules and orders governing both services - This reasoning of Tribunal to hold that integration has not taken place, is legally flawed - Tribunal decided issue on a wrong premise which led to a wrong conclusion, warranting interference invoking Article 227 of Constitution of India.
Result: OP(KAT) disposed of.
JUDGMENT :
A.Muhamed Mustaque, J.
These original petitions are filed challenging a common order of the Kerala Administrative Tribunal dated 31/5/2022.
2. The challenge before the Tribunal was laid by the Sub Inspectors of Police, who were directly recruited by a notification issued by the Kerala Public Service Commission dated 28/9/2007 in the General Executive Branch. They challenge the inclusion of Sub Inspectors of Police, who were directly recruited by a notification dated 14/01/2008 issued by the Kerala Public Service Commission in the District Armed Reserve, in the Seniority List for promotion as Inspectors of Police for the vacancies in the year 2021.
3. The dispute is centered around the integration of the General Executive Branch and the District Armed Reserve with effect from 1/4/2010, thereby constituting a new cadre called the Kerala Civil Police Subordinate Service (KCP).
4. The stand taken by the State Government and those Sub Inspectors of Police who were recruited by the notification dated 14/1/2008 that there exists no separate services of the General Executive and the District Armed Reserve after 1/4/2010 has been repelled by the Tribunal, holding that there was no integration of the services. Accordingly, the Special Rules formulated by amending the Kerala Police Service Special Rules for the appointment to the post of Inspector of Police, recruitment by transfer from among the integrated service has been struck down.
5. The State and the other aggrieved Sub Inspectors of Police who were originally recruited in the category of District Armed Reserve, have come up with these original petitions.
6. OP(KAT).Nos.198/2022, 204/2022, 216/2022, 226/2022, 227/2022, 230/2022, 233/2022, 234/2022, 239/2022, 246/2022, 268/2022 and 271/2022 are filed challenging the common order of the Tribunal sustaining the challenge against integration of services.
7. O.P.(KAT).Nos.316/2022, 318/2022, 329/2022 and 348/2022 are filed challenging the orders following the earlier common order of the Tribunal sustaining challenge against integration and ordering convening of DPC for effecting promotion of Sub Inspectors of Police in the General Executive Branch to the post of Inspector of Police.
BACKGROUND:
8. The Kerala Police Subordinate Service consists of three main cadres vis-a-vis the Armed Police Battalion, the District Armed Reserve and the General Executive Branch. The posts in the Armed Battalion are covered by special Rules and the posts in the Armed Reserve and General Executive Branch are governed by executive orders. The Government of Kerala by an Executive Order dated 10/12/2010 ordered integration of personnel in the regular ranks of Police Constable, Head Constable, Assistant Sub Inspectors and Sub Inspectors in the General Executive with the corresponding regular ranks in the District Armed Reserve; both branches excluding technical and special categories to form a single cadre in every district called the Kerala Civil Police Subordinate Service (KCP) with effect from 1/4/2010.
9. The problem arose in these cases as there was a separate notification issued by the Kerala Public Service Commission (PSC) for appointment of Sub Inspector of Police (Trainee) in both branches prior to the integration. PSC invited applications for the post of Sub Inspector of Police (Trainee) in the General Executive Branch as per its notification dated 28/9/2007. Similar applications were invited for appointment to the post of Sub Inspector of Police (Trainee) in District Armed Reserve as per notification dated 14/1/2008. The integration order did not refer to recruitment rules nor had referred to the method of recruitment and appointment based on the notification already issued as above. The appointment of Sub Inspector of Police (Trainee) in the General Executive Branch was made as per the proceedings of the Inspector General of Police (Training) dated 12/2/2016. The appointment of Sub Inspector of Police (Trainee) in the District Armed Reserve was is
Order of integration can be questioned only when there is no fair play but that would be applicable only to those who have been appointed to different streams prior to integration.
Point of Law : While enacting the provisions of Section 2 of the Act, 1861 itself delegated the power to the statutory authorities to fix the eligibility including the age etc. and statutory authorit....
The petitioners were entitled to the benefit of FR 22-B, and the respondent authorities were directed to re-fix the scale of pay of the petitioners by giving them the benefit of FR 22-B.
The court affirmed the validity of the merger of Senior Supply Inspectors with Area Rationing Officers effective from 30.06.2011, ruling that executive orders cannot override statutory rules.
The practice of maintaining separate seniority lists for different wings in the Police Department had assumed the strength of law, and delay and laches barred the petitions.
The absence of statutory provisions for preparing the combined seniority list and the need for the State Government to frame objective criteria for its preparation.
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