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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, MR.JUSTICE P. KRISHNA KUMAR, JJ
Sunithkumar S S/o Sasidharan Nair – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
P.Krishna Kumar, J.
The questions raised in these cases relate to the seniority of Police Constables who joined Armed Reserve or Local Police from the Armed Police Battalion. As the subject matter in these cases is connected, it has been decided to dispose of them together.
2. We heard Sri.Ranjith Thampan, the learned Senior Counsel, as instructed by Sri.V.M.Krishnakumar, the learned counsel appearing for the petitioners in O.P.(KAT)No.68/2024, Sri.Sunilkumar Kuriakose, the learned Senior Government Pleader and also Sri.T.G.Sunil, the learned counsel appearing for the respondents in O.P.(KAT)No.362/2022.
O.P.(KAT)No.68/2024
3. The petitioners are Police Constables who joined service in the Armed Police Battalion (APBn) during the period 1993 - 2004. Though they were entitled to get a transfer to their respective Armed Reserve on completion of a few years of service, they did not avail of that option initially. Later, based on the repeated representations made by the petitioners, they were transferred to the respective Armed Reserve as per Annexure A2 dated 11.5.2010, as a mercy chance. Meanwhile, several juniors of the petitioners had joined the respective Armed Reserve.
4. Su
Seniority of Police Constables must be determined by the date of first effective advice by the Public Service Commission, overriding integration orders, and relinquishment of rights must be in writin....
A person cannot claim retrospective seniority in a service from a date prior to joining that service, reflecting the principle that seniority is tied to actual induction into the cadre.
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....
Authority must balance operational needs with fair treatment, ensuring similar cases receive equal consideration unless justified otherwise.
Point of Law : Only those appointments which were made up to the date of the learned Single Judge's decision would be continued and no further appointments on the basis of Rule 3(B) would be consider....
The court held that seniority must be established based on actual service dates, not retrospective adjustments, reinforcing the principles established in prior rulings regarding promotions and upgrad....
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