Central Administrative Tribunal - Ernakulam
P.K.Madhu Ips vs State Of Kerala Represented By on 30 May, 2011
1
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 788 OF 2010
Monday, this the 30th day of May, 2011
CORAM:
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER
HON'BLE Mr. K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
P.K.Madhu IPS
Superintendent of Police
Crime Branch CID (HHW I)
Jawahar Nagar, Thiruvananthapuram
Residing at Revathy, TC 13/7
Pettah (PO), Thiruvananthapuram ... Applicant
(By Advocate Mr.Alexander Thomas )
versus
1. State of Kerala represented by
Chief Secretary to Government of Kerala
General Administration (Special-A) Department
Government Secretariat Building
Thiruvananthapuram - 695 001
2. Union of India represented by the Secretary to
the Government of India
Ministry of Home Affairs
Grih Mantralaya
New Delhi - 110 001
3. Accountant General (A&E) Kerala
Office of the Accountant General (A&E), Kerala
Thiruvananthapuram - 695 001 ... Respondents
(By Advocate Mr. N.K.Thankachan, GP(R-1)
Advocate Mr.Millu Dandapani, ACGSC (R-2)
Advocate Mr.V.V. Asokan (R-3) )
The application having been heard on 30.05.2011, the Tribunal
on the same day delivered the following:
O R D E R
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER The prayer made in the OA is for a declaration that (i) the applicant is entitled to get the period during which he was kept out of service i.e from the date of his retirement from State Police Service on 2 01.02.2006 to the date pf his joining the IPS on promotion on 24.01.2007, as duty for all purposes including that for pay and allowances, pension and all retiral benefits. (ii) to set aside Annexure A-11 order as also Annexure A- 9 orders by which it is held that period between 01.02.2006 to 24.01.2007 will not be reckoned as qualifying for pensionable service, (iii) to direct the 1st respondents to sanction and disburse pay and allowances and all other benefits for the period between 01.02.2006 to 24.01.2007
2. The applicant was appointed to the post of Sub Inspector of Police in the State Police in January, 1974. Subsequently, he was promoted to the cadre of Inspector of Police and later promoted to the cadre of Deputy Superintendent of Police after undergoing the process of selection by DPC. He was later promoted on regular basis to the Superintendent of Police in September, 2002. According to him, he was eligible to be promoted to the IPS cadre as per IPS (Appointment by Promotion) Regulations, 1955. When his claim for being considered for promotion was unduly delayed he preferred OA 583/05 which was disposed of by Annexure A-1 order dated 25.01.2006 giving appropriate direction to convene the Selection Committee meeting . But despite the order, when Selection Committee was not held, he filed C.P(C) 11/2006 where in Annexure A-2 order was passed. Thereafter, the Selection Committee was duly convened and the applicant was recommended as one among the three incumbents to be promoted to the IPS cadre for 2005. Annexure A-4 is the notification dated 18.01.2007 issued by the Government of India as per which the applicant was appointed to IPS on probation and allocating him to the cadre of Kerala State. Subsequently, Annexure A-5 was issued by the State Government also. Annexure A-6 is an order directing that the applicant be appointed to IPS cadre as Superintendent of Police, Vigilance and Anti Corruption Bureau, Eastern range, Kottayam. According to the 3 applicant, he joined on 25.01.2007 and continued in the said post on 12.03.2007. Subsequently, his service was assigned to the Tranvancore Devaswam Board, Thiruvananthapuram from 19.03.2007 to 30.11.2007. Later, he was posted as Principal, Police Training College, Thiruvananthapuram from 01.12.2007 to 25.08.2008 Subsequently, as Superintendent of Police Thiruvannathapuram Rural for the period from 27.08.2008 to 30.12.2009 and later as Superintendent of Police, Thiruvananthapuram on 04.12.2009. He retired from service on 31.01.2011. As per Annexure A-7 issued by the 2nd respondent , Government of India, Ministry of Home Affairs, the seniority of the applicant was fixed under Rule 3(3)(ii) of the IPS (Regulation of seniority) Rules, 1988. The applicant was shown at Sl.No.9 as against his select list year 2005 and his date of appointment to IPS is 18.01.2007 and year of allotment is 2001. According to the applicant, he was kept out of service for the period from 01.02.2006 to 24.01.2007. Hence he made a representation to the 1st respondent to regularize the period from 01.02.2006 to 24.01.2007 as duty for all purpose and to fix up the seniority. Annexure A-8 dated 08.02.2007 is the copy of the representation. Yet another representation dated 23.07.2008 is produced as Annexure 8 (a). Reminders were also sent thereafter. By Annexure A-11 order dated 16.06.2010 the request made was declined for reasons stated therein . Impugning Annexure A-11 and claiming the relief as aforesaid the present OA is filed.
3. Respondents in the reply statement had contended that the applicant was serving in the State Police Service as non - IPS at the time of his retirement on 31.01.2006. He had been inducted to the IPS cadre vide order dated 18.01.2007 and he assumed charge on 25.01.2007. The period from 01.02.2006 to 24.01.2007. is treated as non qualifying service 4 i.e the period between the date of his retirement from State Service and assumption of charge in IPS and consequently the said period cannot be reckoned for pensionable Service. Though he will be having more than 36 years of qualifying service as on 31.01.2011 excluding the interrupted period, it has to be limited to the maximum period of 33 years admissible for calculation of pensioanry benefits. Even if the period from 01.02.2006 to 24.01.2007. is reckoned there will be no change in his qualifying service. In the case of others, similarly situated i.e., the intervening periods were treated as regularized for payment of arrears of pay and allowances. In the case of Rajasekharan Pillai, who is alleged to be similarly situated, the respondents pointed out that he was appointed to IPS retrospectively from 29.05.1997 vide Government of India notification dated 04.09.2001 stating that the intervening period from 01.11.1996 to 28.05.1997 shall be regularized by the Government of Kerala. It is also contended that the interrupted period from 01.02.2006 to 24.01.2007 be reckoned as qualifying service only on receipt of orders being issued by the Government sanctioning the regularization of the period in question.
4. Heard both sides. The question whether the intervening period is liable to be reckoned for the purpose of pay and allowances has come up before this Tribunal in a similar matter. In OA 973/97 by Annexure A- 12 judgment dated 03.03.1999 it was held that the applicant therein was entitled to pay and allowances for the period he was kept out of employment. Reference was made in para 5 of the order in Annexure A-12 that in similar circumstances directions were issued by the Tribunal in OA 1045/96 in the case of Shri N.P.Balakrishnan, who retired from service on 30.04.1994 and whose services were extended upto 31.07.1995 and was given retrospective appointment to IPS with effect from 01.11.1993, it was ordered that he will be given all consequential benefits including pay and 5 allowances from 01.11.1993 to 30.04.1994 subject to adjustment of salary. Shri N.P.Balakrishnan happened to be junior to the applicant in OA 973/97 covered by Annexure A-12 order. It was held that like Shri Balakrishnan, the applicant in OA 973/97 is also entitled for the same benefit as was given to Shri Balakrishnan.
5. It is not the contention of the respondents that the case of the applicant in the present case is in any way dis similar to the factual situation either in the case of N.K.Balakrishnan or in the case of applicant, P.V.Thomas, in Annexure A-12. In so far as the applicants who are similarly situated had been granted the benefit as per binding decision of this Tribunal and in the absence of any reasons for deviating from the ratio as decided in Annexure A-12 order, we extend the benefit of the order of Annexure A-12 to the case of applicant also and accordingly declare that the applicant will be entitled to treat the period between 01.02.2006 to 24.01.2007 as period on duty enabling him for the pay and allowances.
6. OA is allowed as above. No costs.
Dated, the 30th May, 2011. K GEORGE JOSEPH JUSTICE P.R.RAMAN ADMINISTRATIVE MEMBER JUDICIAL MEMBER vs