Kerala High Court
R.Vijayan vs State Of Kerala on 16 December, 2016
Bench: P.R.Ramachandra Menon, P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2016/30TH AGRAHAYANA, 1938
OP(KAT).No. 182 of 2016 (Z)
----------------------------
AGAINST THE ORDER IN OA(EKM) NO.791/2016 OF THE KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM DATED 16-12-2016
PETITIONERS:
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1. R.VIJAYAN
AGED 52 YEARS, S/O. RAMU, CIRCLE INSPECTOR OF POLICE,
VENJARAMOODU POLICE STATION,
THIRUVANANTHAPURAM - 695 607
(RESIDING AT UTHRADOM, ERAM NORTH, KARAMKODU P.O,
CHATHANNOOR, KOLLAM - 691 579)
2. CHANDRA BABU
AGED 54 YEARS, S/O. RAGHAVAN,
INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU
S.I U.II, KUNCHALUMMOODU, KARAMANA,
THIRUVANANTHAPURAM - 695 002
(RESIDING AT TC/65/483(1),NANDANAM, MENILAM, THIRUVALLAM,
THIRUVANANTHAPURAM 695 027)
3. A.K SHAJI SAMBAVAR (C.A SHAJI)
AGED 55 YEARS, S/O. C.L ALEXANDER,
DETECTIVE INSPECTOR OF POLICE
CBCID, CW-1, ENCHAKKAL, THIRUVANANTHAPURAM - 695 008
(RESIDING AT POLICE QUARTERS NO.F/3,S.M LOCK, POONTHURA P.O,
THIRUVANANTHAPURAM 695 026)
4. C.P SUBHASH CHANDRA BABU
AGED 54 YEARS, S/O. CHELLAPPAN, INSPECTOR OF POLICE
PRRF, PANDIKKADU, MALAPPURAM 676 521
(RESIDING AT ANJALI, TC 66/907/1, PACHALLOOR,
THIRUVANANTHAPURAM -695 027)
5. K.M CHANDRALAL
AGED 55 YEARS, S/O. MARKOSE, INSPECTOR OF POLICE,
V & ACB, SOUTHERN RANGE, POTTAKUZHI
THIRUVANANTHAPURAM - 695 004
(RESIDING AT GLITTER, T.C 11/1696/4, CHARACHIRA, KOWDIAR P.O
THIRUVANANTHAPURAM - 695 003)
[CONTD...]
OP(KAT).No. 182 of 2016 (Z) 2
6. V. THANKARAJAN
AGED 55 YEARS, S/O. VENNIS
INSPECTOR OF POLICE, SCRB, PATTOM,
THIRUVANANTHAPURAM - 695 004
(RESIDING AT AMRITHALAYAM, PERINGALAMA, KALLIYOOR P.O,
THIRUVANANTHAPURAM - 695 042
7. K.M PRASAD
AGED 54 YEARS, S/O. KUTTPPAN, C.I OF POLICE, SCRB, PATTOM,
THIRUVANANTHAPURAM - 695 004
(RESIDING AT QUARTER NO.M-14, VIKAS LANE,
POLICE QUARTERS, PALAYAM, THIRUVAMAMTHAPURAM - 695 033)
8. BABU V
AGED 53 YEARS, S/O. VELAYUDHAN,
INSPECTOR OF POLICE, NORTH POLICE STATION, ALAPPUZHA - 688 007
(RESIDING AT SREE SAILAM, PANAYAM, PERINAD, KOLLAM - 691 601)
9. SURESH KUMAR C.S
AGED 54 YEARS, S/O. CHELLAPPAN,
INSPECTOR OF POLICE, KUNDARA, KOLLAM - 691 501
(RESIDING AT SURYA SURAJ, ELATHARA, CHEMPAZHANTHI P.O.
THIRUVANANTHAPURAM - 695 587)
10. A.S SURESH KUMAR
AGED 55 YEARS, S/O. APPU, INSPECTOR OF POLICE, PANDALAM,
PATHANAMTHITTA - 689 501
(RESIDING AT REVATHY, KALLUVILA, NEAR R.C STREET,
NEYYATTINKARA, THIRUVANANTHAPURAM- 695 121)
11. RAMACHANDRAN C
AGED 54 YEARS, S/O. CHELLAPPAN, INSPECTOR OF POLICE,
INDIAN RESERVE BATTALION,
RAMAVARMAPURAM, THRISSUR - 680 631
(RESIDING AT SREE VALLUR, KUNNATHOOR EAST P.O, KOLLAM - 690 540)
12. M RAVIKUMAR
AGED 53 YEARS, S/O. MADHAVAN, DETECTIVE INSPECTOR,
OCW1,CBCID, ENCHAKKAL, THIRUVANANTHAPURAM - 695 008
(RESIDING AT ASWATHI RAG, PERINTHAMON, KUZHIMATH P.O
THIRUVANANTHAPURAM - 695 612)
BY ADVS.DR.K.P.SATHEESAN (SR.)
SRI.P.MOHANDAS (ERNAKULAM)
SRI.S.VIBHEESHANAN
SRI.K.SUDHINKUMAR
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
[CONTD...]
OP(KAT).No. 182 of 2016 (Z) 3
2. THE STATE POLICE CHIEF
STATE POLICE HEAD QUARTERS,
VAZHUTHACAUD,THIRUVANANTHAPURAM - 695 014.
3. THE INSPECTOR GENERAL OF POLICE
KANNUR RANGE, KANNUR 670 001
4. THE INSPECTOR GENERAL OF POLICE
THIRUVANANTHAPURAM RANGE, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014
5. THE INSPECTOR GENERAL OF POLICE
KOCHI RANGE, KOCHI 682 031
6. THE INSPECTOR GENERAL OF POLICE
THRISSUR RANGE, THRISSUR - 680 001
7. SRI JEEJI N
DEPUTY SUPERINTENDANT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU,
KOLLAM 691 001
8. SRI S AMMINIKUTTAN
DEPUTY SUPERINTENDANT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU,
SPECIAL CELL,
THIRUVANANTHAPURAM - 695 014
BY SR. GOVERNMENT PLEADER SRI. T.RAJASEKHARAN NAIR
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 21-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No. 182 of 2016 (Z)
APPENDIX
PETITIONER'S EXHIBITS :-
-----------------------------------
EXT.P1 - COPY OF THE ORDER OF THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL DATED 24-06-2016 IN O.A (EKM)
NO.791/2016.
EXT.P2 - COPY OF THE ORDER PASSED BY THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL DATED 16-12-2016 IN O.A (EKM)
NO.791/2016.
EXT.P3 - COPY OF THE O.A(EKM) NO.791/2016.
RESPONDENTS' EXHIBITS:- NIL
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//TRUE COPY//
P.A. TO JUDGE
sp
P.R. RAMACHANDRA MENON & P.SOMARAJAN, JJ.
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O.P. (KAT) No.182 of 2016
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Dated this the 21st day of December, 2016
JUDGMENT
P.R. Ramachandra Menon Challenge is against Ext.P2 interim order dated 16.12.2016 passed by the Tribunal, whereby the earlier order by way of Ext.P1 passed on 24.06.2016, staying the promotion to the posts of Circle Inspector of Police and Deputy Superintendent of Police came to be vacated, making it subject to the result of the O.A.
2. The petitioners are the applicants in O.A. [EKM] No.791 of 2016. The O.A. was filed with the following prayers:
"i) to set aside Annexure-A13
communication No.A2-28654/2016/PHQ dated
16.02.2016 issued by the 2nd respondent to the O.P. (KAT) No.182 of 2016 2 first respondent as it is arbitrary, illegal and unjust;
ii) to set aside Annexure-A14 proceedings of the 3rd respondent as order No.A1- 5626/2016/KR dated 10.04.2016 as it is legally unsustainable;
iii) to set aside Annexure-A15 proceedings of the 4th respondent issued as per order No.A5- 7476/2014/TR dated 13.04.2016 as it is patently erroneous and illegal;
iv) to set aside Annexure-A16 proceedings of the 5th respondent issued as order No.A1- 15098/2014/KoR dated 15.04.2016 as it is unsustainable in law;
v) to set aside Annexure-A17 proceedings of the 6th respondent issued as order No.A1- 15333/2013/TSR dated 18.04.2016 as the same is vitiated with malafides and ill motives;
vi) to issue an order or direction to respondents 1 and 2 to follow Annexure A11 seniority list published by the 2nd respondent as per order No.E2/66255/2010 dated 08.05.2015 for all purposes including for promotion to the post of Deputy Superintendent of Police until a regular gradation list of Circle Inspector of Police is published;
vii) to issue an order or direction to respondents not to make promotions to the cadre of Deputy Superintendent of Police otherwise than in accordance with Annexure-A11 seniority list published by the 2nd respondent;
viii) to declare that the Sub Inspectors of Police (GE) in the State can have only one seniority list as the State is the unit of appointment and for promotions etc.
ix) to declare that the applicants are entitled for promotion as Deputy Superintendent of Police based on their rank in Annexure-A11 seniority list unless and until a fresh seniority list in the cadre of Circle Inspector is published;
x) to issue such other order or direction as O.P. (KAT) No.182 of 2016 3 this Hon'ble Tribunal may be deem fit and proper in the facts and circumstances of the case."
3. The main dispute is with regard to the inter se seniority between the promotees and direct recruits. The petitioners were stated as promoted during the period from 1997 to 2003, when there was no PSC rank-list. The seniority list in the cadre of Sub Inspector of Police, which is stated as having a State-wise unit, was published by way of Annexure 11 dated 08.05.2015. In the said combined seniority list, it is stated that, the petitioners had been correctly placed and nobody had challenged the same either by invoking the remedy under Rule 27B of Part II of the Kerala State and Subordinate Services Rules, 1958 or otherwise and hence it has become final.
4. Later, a person by name Vidyadharan filed a representation before the Government and got a direction to have it considered. It was at this point of time, that some modifications were sought for by the Government, whereby O.P. (KAT) No.182 of 2016 4 the seniority list was segregated to have it prepared 'Range- wise' in the case of Promotees and 'State-wise' in the case of Direct recruits. Accordingly, a provisional seniority list was published, pursuant to which, a representation was submitted under Rule 27B of the Rules before the Government and a direction was obtained to have it considered by the Government. It is also the case of the petitioners that, the seniority list was finalised by the Government during pendency of the proceedings before the Tribunal, which necessitated filing of further OAs, to get the grievances redressed.
5. According to the learned Senior Counsel, the Range- wise seniority is relevant only in the feeder category post, ie. Assistant Sub Inspector of Police and in so far as the post of Sub Inspector of Police is concerned, it is having a State- wise seniority. In so far as there is no challenge with regard to the list and legal position, the seniority list ought not to have been segregated under any circumstance and hence O.P. (KAT) No.182 of 2016 5 the challenge.
6. When the matter came up for consideration before the Tribunal on 24.06.2016, the learned Government Pleader submitted that, the matter was under examination of the Government and that, further promotion will be effected only after obtaining orders from the Tribunal. This was recorded as borne by Ext.P1, granting interim stay. Subsequently, on 16.12.2016, the said order came to be varied as per Ext.P2, vacating the order of stay and making it subject to the result of the OA, simultaneously posting the case for hearing on 05.01.2017.
7. The learned Senior Counsel submits that, there is absolutely no rhyme or reason for having varied the order, which was in existence for nearly 6 months. If promotions are effected based on the segregated seniority list, it will unsettle the entire position, leading to multiplicity of litigations and hence the challenge.
8. The learned Senior Government Pleader appearing O.P. (KAT) No.182 of 2016 6 for the respondents submits that, the sequence of events were brought to the notice of the Tribunal and the necessity to fill up the minimum extent of posts of Sub Inspector of Police, Circle Inspector of Police and also Deputy Superintendent of Police was substantiated. It was accordingly, that the earlier order, ie., Ext.P1 order, was varied as per Ext.P2. It is also pointed out that, the Government has already filed a Counter Affidavit in one of the connected cases and steps will be taken to have it adopted or to be supplemented to an appropriate extent in the other pending cases as well. It is further submitted that, six OAs are pending and that the cases are listed for hearing on 05.01.2017.
In the above circumstances, we find that, the order passed by the Tribunal as per Ext.P2 is pursuant to a conscious decision, which does not require interference. At the same time, if the legal issue is answered at the earliest, it can help to avoid multiplicity of litigations. Accordingly, we O.P. (KAT) No.182 of 2016 7 record our earnest hope and desire to have the matters finalised by the Tribunal as expeditiously as possible. Pleadings shall be completed by the respondents in the meanwhile, to facilitate early hearing as ordered by the Tribunal.
With the above observation, interference is declined and the Original Petition is dismissed.
Sd/-
P.R. RAMACHANDRA MENON, JUDGE.
P.SOMARAJAN, JUDGE.
sp/21/12/16 //True Copy// P.A. to Judge