Authority must balance operational needs with fair treatment, ensuring similar cases receive equal consideration unless justified otherwise.

JUDGMENT

Muralee Krishna S., J.

The applicants 1 to 5, 7, 8, 10 to 14, 16, 17, 19, 21 to 34, 36 to 40 and 42 to 46 in O.A.(EKM)No.1757 of 2024 on the file of the Kerala Administrative Tribunal Additional Bench at Ernakulam (‘the Tribunal’ in short) filed this original petition invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the order dated 17.12.2024 passed by the Tribunal in that original application.

2. Going by the averments in the original application, the applicants were appointed as Police Constables in the India Reserve Battalion (Commando Wing). They had to undergo 18 months training. Later, the training period was reckoned for the purpose of increment and weightage. The training period was also considered for calculating the Time Bound Higher Grade Promotion. As per Annexure A6 Recruitment Rules of India Reserve Battalion (Commando Wing) issued by the Government as per order dated 27.02.2009, constables will be considered for appointment to the District Armed Reserve of their choice on transfer after completing 10 years of actual service, which will include all the eligible leave, except Leave Without Allowances. On such a Transfer, they will be assigned seniority with effect from the date of effective advice of the Special Selection Board.

2.1. The applicants and other similarly placed persons have completed 10 years of service on 08.02.2021. In the meantime, respondents 1 and 2 took a stand that the training period cannot be reckoned as service, and the applicants will be eligible for transfer to the Armed Reserve only after 08.08.2022. Thus, certain similarly placed persons filed OA before the Tribunal, and the Tribunal observed that, as the 10-year lock-in period without reckoning the training period is completed, the applicants therein are entitled to be relieved, and the applications submitted by them shall be considered by the respondents therein. But, the 2^nd respondent did nothing needful so as to relieve the said applicants. Some of the similarly placed persons from the Regular wing filed OAs, but the same were dismissed. When OP (KAT) was preferred, as they completed 10 years without reckoning the 18 months training, they were granted with interim order to relieve as per Annexure-A11 order dated 28.02.2023. Thereafter, they alone were relieved and posted to the Civil Police Force.

2.2. Now, it is almost a year since the applicants became eligible for transfer to the Armed Reserve/Kerala Civil Police Force. At the same time, a large number of Personnel from other Battalions are also being transferred from other Battalions to the District Armed Reserve, which will seriously affect the rights of the applicants. The lame excuse of promulgation of the Special Rules cannot stand in the way of the legitimate rights of the applicants. Left with no other alternatives, the applicants filed OA 1380 of 2023 and sought a direction to relieve them to the Kerala Civil Police Force. The Tribunal, as per Annexure A17 order dated 31.07.2024 in O.A.No.1380 of 2023, issued a direction to the government to consider the grievances of the applicants. But the government rejected the request of the applicants as per Annexure A19 order dated 01.11.2024, without having due regard to the grievances of the applicants. Hence, the applicants in the original application approached the Tribunal seeking the following reliefs:

“(i) To call for records leading to Annexure A19 and to quash the same.

(ii) To direct the respondents to relieve the applicants forthwith for transfer to Kerala Civil Police Force in view of the completion of 10 years of service as early as on 08.08.2022.

(iii) To declare that the seniority of the applicants as mentioned Annexure A6 with effect from t