Kerala High Court
The Secretary vs Ajeesh R on 25 June, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 25TH DAY OF JUNE 2020 / 4TH ASHADHA, 1942
OP(KAT).No.502 OF 2019
AGAINST THE ORDER DATED 30.08.2019 IN OA 75/2018 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
(ADDITIONAL BENCH ERNAKULAM)
PETITIONERS/RESPONDENTS 1 & 2 IN OA:
1 THE SECRETARY, DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695
001.
2 STATE POLICE CHIEF,
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA - 695 014.
BY SRI. ANTONY MUKKATH SR.GP
RESPONDENTS/APPLICANTS & RESPONDENTS 3 TO 5 IN OA:
1 AJEESH R.,
RANK- 831, S/O.RAMANUJAN, RESIDING AT AJEESH
BHAVAN, THEKKUMPURAM, PUTHOOR P.O., KOLLAM,
KERALA - 691 507.
2 RAMANAD KRISHNA A.,
S/O.AJITH, RESIDING AT AMMUNIKANJAM, PUNNAPRA
P.O., ALLEPPEY, RANK - 695, KERALA.688004
3 PONNUMON,A/O.VENU, THEKKUMURI, KAKKAZHAM,
VANDANAM P.O., ALLEPPEY, RANK - 794,
KERALA. 688001
OP(KAT) Nos.502, 508 & 509/2019
-:2:-
4 DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, DISTRICT
OFFICE, COMMERCIAL CUM OFFICE COMPLEX, 4TH
FLOOR, KERALA STATE HOUSING BOARD BUILDING,
KATTAPPANA P.O., IDUKKI - 685 508, KERALA.
5 DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION DISTRICT
OFFICE, DEVALOKAM, MUTTAMBALAM, KOTTAYAM - 686
004, KERALA.
6 KERALA PUBLIC SERVICE COMMISSION,
KPSC OFFICE, THULASI HILL, PATTOM,
THIRUVANANTHAPURAM - 695 004, REP. BY ITS
SECRETARY, KERALA.
R1-3 BY ADV.SRI. JOSEPH KODIANTHRA SR.
SRI. P.C. SASIDHARAN (SC PSC)
SRI.R.KISHORE (KALLUMTHAZHAM)
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 11-06-2020, ALONG WITH OP(KAT).508/2019,
OP(KAT).509/2019, THE COURT ON 25-06-2020 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.502, 508 & 509/2019
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 25TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942
OP(KAT).No.508 OF 2019
AGAINST THE ORDER DATED 30.08.2019 IN OA EKM 85/2018 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
(ADDITIONAL BENCH ERNAKULAM)
PETITIONERS/RESPONDENTS 1 TO 4 IN OA:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
HOME AFFAIRS, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL OF POLICE AND STATE
POLICE CHIEF,POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM-695 010, KERALA.
3 ADDITIONAL DIRECTOR GENERAL OF POLICE,
ARMED POLICE BATTALION, PEROORKKADA,
THIRUVANANTHAPURAM-695 001, KERALA.
4 THE COMMANDANT, KAP 1 BATTALION,
MANNUMKAD, RAMAVARMAPURAM, THRISSUR-680 631,
KERALA.
BY SRI. ANTONY MUKKATH SR.GP
OP(KAT) Nos.502, 508 & 509/2019
-:4:-
RESPONDENT/APPLICANTS 1 TO 2 & RESPONDENTS 5 & 6 IN OA:
1 MURALEEDHARAN K.,
(PSC RAN NO.705), S/O.UNNI NAIR, KIZHAKKETTIL
HOUSE, PALAT ROAD, OTTAPALAM P.O., PALAKKAD,
KERALA-679 101.
2 SARATH KRISHNAN.G.,
(PSC RANK NO.667), S/O.GOPALAKRISHNAN,
VAZAPPALLY, KOLLAM-690 525, KERALA.
3 HARISH KUMAR.S.,
(PSC RANK NO.740), S/O.S.SELVAKUMAR, HARISUDHA
NIVAS, 38/2933A, FATHER MANUEL ROAD,
KATHRIKADAVU, KALOOR P.O., ERNAKULAM DISTRICT-
682 017, KERALA.
4 KERALA PUBLIC SERVICE COMMISSION,
KPSC OFFICE, THULASI HILL, PATTOM,
THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS
SECRETARY, KERALA.
5 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE
COMMISSION,
DISTRICT OFFICE, KARSHAKA ROAD, ERNAKULAM,
KERALA-682 016.
*6 ADDL.R6-FAISAL.S.P
AGED 23 YEARS
S/O PAREETH, SAITHUKUDY, ERAMALLUR
P.O.KATTILANJI, KOTHAMANGALAM, ERNAKULAM-688
691.
*7 ADDL.R7-ARJUN BABU,
AGED 26 YEARS
S/O BABU V.P, VELIYAMITTATHIL HOUSE, KARIPPADOM
P.O.THALAYOLAPARAMBU, KOTTAYAM-686 605.
*8 ADDL.R8-JOJO ISSAC,
AGED 27 YEARS
S/O ISSAC T.U, THARAYIL HOUSE, PUTHUVASSERY,
KANJIRAMATTOM P.O.ERNAKULAM-682 315.
OP(KAT) Nos.502, 508 & 509/2019
-:5:-
*9 ADDL.R9-DILEEP K.R,
AGED 26 YEARS
S/O RAGHU K.N, KOLLAMPARAMBIL, MAMPUZHA,
KADAYETTIKKARA P.O.ERNAKULAM-682 317.
* (ADDITIONAL RESPONDENT R6 TO R9 ARE IMPLEADED
AS PER THE ORDER DATED 29.01.2020 IN IA
NO.1/2020 IN OP(KAT) 508/2019.
R1-3 BY ADV. SRI.C.N.SREEKUMAR
R1-3 BY ADV. SMT.MANJU PAUL
R1-3 BY ADV. SRI.SABU P.JOSEPH
R1-3 BY ADV. SRI.ANIL PRASAD
R1-3 BY ADV. SRI.K.T.THOMAS
R1-3 BY ADV. SRI.MATHEW B.KURIAN
SRI. P.C. SASIDHARAN SC, KPSC
R6 BY ADV. NAVEEN.T
R6 BY ADV. SMT.CHITHRA CHANDRASEKHARAN
R7-9 BY ADV. SRI.NAVEEN.T
R7-9 BY ADV. KUM.CHITHRA CHANDRASEKHARAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 11-06-2020, ALONG WITH OP(KAT).502/2019,
OP(KAT).509/2019, THE COURT ON 25-06-2020 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.502, 508 & 509/2019
-:6:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 25TH DAY OF JUNE 2020 / 21ST JYAISHTA, 1942
OP(KAT).No.509 OF 2019
AGAINST THE ORDER DATED 30.08.2019 IN OA (EKM) 1381/2017 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENTS 1 & 2 IN OA:
1 THE SECRETARY, DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695 001, KERALA.
2 THE STATE POLICE CHIEF
HEAD QUARTERS, VAZHUTHAKAD,
THIRUVANANTHAPURAM-, KERALA- 695 014.
BY SRI. ANTONY MUKKATH SR.GP
RESPONDENTS/APPLICANT & RESPONDENTS 3 &4 IN OA:
1 MURUKESH KUMAR A.,AGED 31
(PSC RANK NO.667) , S/O ASOKAN , PUTHUVAL
NIKARTH , VARANAD P.O, CHERTHALA - 688 539.
2 RAMANATH N SHENOY, (PSC RANK NO.539) , S/O
NARASIMHA SHENOY, 12/324/E4 DAYANAND
APARTMENT , COCHIN COLLEGE ROAD, PANDIKUDY,
MATTANCHERY, ERNAKULAM, DISTRICT- 682 002.
3 ARUNKUMAR P.S, (PSC RANK NO.865) , S/O SOMAN ,
POTTANAMKUNNEL (H), NEDIYASALA POST,
THODUPUZHA, IDUKKI.
OP(KAT) Nos.502, 508 & 509/2019
-:7:-
4 MUNAVAR SHA ALI, (PSC MUSLIM SUPPLI-14), S/O
ALIYAR V.V, VACHACKAL (H), MAVUDI,
PALLARIMANGALAM P.O, ERNAKULAM - 686 671.
5 SUBHASH S, (PSC RANK NO.877), S/O SUBRAMANNIAN
T.A, THEKKETHARA (H), PALLANCHATHANUR,
PALAKKAD- 678 571.
6 AMAL MOHAN AMBATTU, (PSC RANK NO.845), S/O
MOHANAN A.P, AMBATTU (H), PERINGAZHA,
PEUMBALLOOR PO, MUVATTUPUZHA, ERNAKULAM- 686
673.
7 AJAYAKUMAR NAIR, (PSC RANK NO.837), S/O BABU
MOHAN NAIR, BLOCK NO.71, MUNDIYERUMA,
KALLAR P.O, IDUKKI - 685 552.
8 LIDIN N G, (PSC RANK NO.524) S/O GOPI N.M,
NIRAVATH (H) , PERINGAZHA , PERUMBALLUR P.O,
MUVATTUPUZHA, ERNAKULAM- 686 673.
9 THE DISTRICT OFFICER
KERALA PUBLIC SERVICE COMMISSION, DISTRICT
OFFICE, COMMERCIAL CUM OFFICE COMPLEX, 4TH
FLOOR, KERALA STATE HOUSING BOARD BUILDING ,
KATTAPPANA P.O, IDUKKI - 685 508.
10 KERALA PUBLIC SERVICE COMMISSION
KPSC OFFICE, THULASI HILL, PATTOM,
THIRUVANANTHAPURAM - 695 004, REPRESENTED BY
ITS SECRETARY, KERALA.
R5-8 BY ADV. SRI.P.K.IBRAHIM
SRI. P.C. SASIDHARAN, SC FOR PSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 11-06-2020, ALONG WITH OP(KAT).502/2019,
OP(KAT).508/2019, THE COURT ON 25-06-2020 DELIVERED THE
FOLLOWING:
OP(KAT) Nos.502, 508 & 509/2019
-:8:-
JUDGMENT
Dated this the 25th day of June, 2020 Shaffique, J.
The aforesaid Original Petitions have been filed by the State of Kerala and its officers challenging common order dated 30/8/2019 in OA (Ekm) Nos.1381/2017, 75/2018 and 85/2018 of the Kerala Administrative Tribunal and hence heard and decided together.
2. The issue involved in the above Original Applications relates to non reporting of anticipated vacancies to the post of Police Constable (Armed Police Battalion) in Kerala Armed Police
-V Battalion (KAP-V) and Kerala Armed Police-I Battalion (KAP-I).
3. The applicants before the Tribunal were persons included in a ranked list published by Kerala Public Service Commission (KPSC) for selecting Police Constables to the Armed Police Battalion. The ranked list came into force on 21/6/2016 and expired on 14/1/2018.
4. According to the applicants, though there were large number of anticipated vacancies during the currency of the OP(KAT) Nos.502, 508 & 509/2019 -:9:- ranked list, the respondents were not taking any steps to report the vacancies.
5. In OA (Ekm) No. 1381/2017, the contention urged is that there were 376 anticipated vacancies in KAP-V which consists of Kottayam and Idukki Police Districts and 144 newly created vacancies. In OA (Ekm) No.75/2018, applicants contended that, they received information under the Right to Information Act, that there were 241 anticipated vacancies in KAP-V. Common case is that no action was being taken to fill up those vacancies and hence they sought for a direction to the competent authority to report the said vacancies and a direction to the KPSC to advise the reported vacancies before the expiry of the ranked list.
6. OA(Ekm) No.85/2018 concerns KAP-I. It is the contention of the applicants that 196 vacancies had arisen in the year 2017 and only 104 were reported for issuing advise. Though there are eligible candidates, the vacancies are not reported and hence they also sought for a direction to report the existing vacancies and anticipatory vacancies.
7. The State in their reply statement filed in OA (Ekm) Nos.1381/2017 and 75/2018 contended that from the aforesaid OP(KAT) Nos.502, 508 & 509/2019 -:10:- ranked list, 670 vacancies including fresh and NJD vacancies were already reported to KPSC. Those vacancies included anticipated vacancies during the year 2018 as well, and therefore they were not in a position to report even a single vacancy.
8. By an interim order dated 10/1/2018 in OA(EKM) No.1381/2017, a direction was issued to provisionally report 181 vacancies and accordingly 181 vacancies were provisionally reported which according to the respondents will be in excess of sanctioned strength of Police Constables in KAP- V. They further contended that out of 670 vacancies that have been reported, 120 were non joining duty (NJD) vacancies. It also includes vacancies that would arise during the period from 1/01/2018 to 31/12/2018. It is further stated that the sanctioned strength of Police Constables will be transferred to Kerala Civil Police on a quarterly basis from the seniority list prepared on 1 st of January of a particular year in terms of Government Order dated 7/6/2005. In so far as the respondent had reported all the vacancies including anticipated vacancies for the year 2018, nothing further could be done in the matter. It is further stated that as per the data collected from the District Police Chiefs, anticipatory OP(KAT) Nos.502, 508 & 509/2019 -:11:- vacancies for the year 2017 is 192 and on scrutiny of the strength and vacancy position as on 27/3/2017, it was found that 471 police constables are in excess which includes the recruited police constables under training and the candidates who are advised and awaiting training. The excess had been adjusted against the vacancies due to promotion, left department and anticipated vacancies for the year 2017. Even after such adjustment, more than 100 police constables are in excess in that Battalion.
9. In the reply filed in OA(Ekm) No.85/2018, relating to KAP-I, it is contended that the actual vacancies for the year 2017 and anticipated vacancies for the year 2018 have already been reported to KPSC and no further vacancies are available for being reported.
10. An interim order was passed by the Tribunal to report 100 vacancies on or before 12/1/2018 and the said order was complied with. But in the meantime, 709 vacancies including fresh and NJD vacancies up to 31/12/2018 were pending for advice from the existing ranked list. Therefore, according to the respondent, the 100 vacancies which had been reported will be in OP(KAT) Nos.502, 508 & 509/2019 -:12:- excess of the sanctioned post of KAP-1.
11. It is further contended that when data was collected form the District Police Chiefs, the anticipated vacancies for the year 2017 was 189. On scrutiny of the strength and vacancy position as on 27/3/2017, 85 numbers of Police Constables were in excess. Therefore the excess 85 has been deducted from the 189 and the resultant 104 vacancies were reported. Further, anticipated vacancies for the year 2018 was also reported to enable more opportunities to the candidates included in the ranked list. In so far as all the vacancies both existing and anticipated have been reported, no further vacancy is available to be reported. The rank list consisted of 752 candidates of which 709 vacancies have been reported and filled up which included 100 NJD vacancies as well. The vacancies thus reported included those vacancies which had arisen from 1/1/2018 to 31/12/2018 as well. The State and its officers therefore contended that there were no vacancies to be filled up. Even now, the vacancies that had been reported were in excess of the cadre strength.
12. The Tribunal on an overall consideration of the materials placed before it did not agree with the petitioners that OP(KAT) Nos.502, 508 & 509/2019 -:13:- there were no vacancies and persons in excess of the cadre strength is already in service. It is also found that the cadre strength had increased on account of additional posts being created and that materials placed on record indicates that there are vacancies in both the Battalions and therefore, the Tribunal proceeded to issue the directions which had been impugned herein. The Tribunal held that there are 181 substantive vacancies to be reported in KAP-V and 100 substantive vacancies to be reported in KAP-I. Therefore, the respondents were directed to report those vacancies showing the date of occurrence of the said vacancies and the PSC was directed to advise those candidates from the ranked list within a period of six weeks.
13. While impugning the aforesaid order, the learned Government Pleader submits that the present position in the KAP- V and KAP-I is that more persons than the sanctioned strength are still available and therefore, it is not possible to report any vacancy.
14. In OP(KAT) No. 502/2019, the learned Government Pleader had filed a statement wherein details regarding the reporting of vacancies in KAP-V had been given in detail. It is OP(KAT) Nos.502, 508 & 509/2019 -:14:- inter alia stated that 883 candidates were included in the main ranked list which came into effect from 21/6/2016 and expired on 14/1/2018. During the validity of the ranked list, 670 vacancies were reported to KPSC and advice was issued to 668 persons. The requisition details have been specifically mentioned along with the corresponding documents. For easy reference, it is extracted hereunder:-
Sl.No. Requisition details No. of Remarks vacancies 1 Fresh vacancies reported as 3 Annexure R2(d) per proforma enclosed with Page 139-141 letter dated 13.8.2015 (These of OP(KAT) 3 vacancies are the balance vacancies reported during the currency of the previous ranked list but not advised by the PSC eventhough 185 vacancies were reported 2 NJD vacancies reported as per 18 Annexure R2(e) proforma enclosed with letter Page 143-146 dated 11.11.2015 (these vacancies are the vacancies reported during the currency of the previous list and became (NJD) 3 NJD vacancies reported as per 3 Annexure R2(f) proforma enclosed with letter Page 147-150 dated 19.11.2015 (these vacancies are the vacancies reported during the currency of the previous list and became NJD) OP(KAT) Nos.502, 508 & 509/2019 -:15:- 4 NJD vacancies reported as per 17 Annexure R2(g) proforma enclosed with letter Page 151-154 dated 2.2.2016 (these vacancies are the vacancies reported during the currency of the previous list and became NJD) 5 Fresh and anticipated 202 (17 fresh Annexure R2(h) vacancies reported as per + 185 Page 155-158 proforma enclosed with letter anticipated) dated 2/2016 6 NJD vacancies reported as per 3 Annexure R2(i) proforma enclosed with letter Page 159-162 dated 27/6/2016 (these vacancies are the vacancies reported during the currency of the previous list and became NJD) 7 NJD vacancies reported as per 2 Annexure R2(j) proforma enclosed with letter Page 163-166 dated 21/7/2016 (these vacancies are the vacancies reported during the currency of the previous list and became NJD) 8 NJD vacancies reported as per 2 Annexure R2(k) proforma enclosed with letter Page 167-169 dated 29.8.2016 9 NJD vacancies reported as per 41 (39+2) Annexure R2(l) proforma enclosed with letter Page 170-175 dated 16.5.2017 10 Fresh vacancies reported as 144 Annexure per proforma enclosed with R2(m) letter dated 14.6.2017 (These Page 176-177 are anticipated vacancies of 1.1.2018 to 31.12.2018 due to retirement and reported as fresh vacancies because of the advance sanctioned training posts) OP(KAT) Nos.502, 508 & 509/2019 -:16:- 11 Fresh vacancies reported as 58 (21 + 37) Annexure R2(n) per proforma enclosed with Page 178-180 letter dated 18.6.2017.
12 Fresh vacancies reported as 135 Annexure R2(o) per the proforma enclosed Page 181-182 with letter dated 28.7.2017 (Out of 342 (These are vacancies which total posts are created and distributed in created for proportion to KAP 5 due to the SISF as per A13 deputation to SISF) G.O dated 7.7.2017) 13 Fresh and NJD vacancies 42 (8 fresh + Annexure R2(p) reported as per letter dated 34 NJD) Page 183-196 10.1.2018
15. It is further mentioned that the 135 posts mentioned under Sl.No.12 covered by Annexure R2(o) were created as part of 342 posts sanctioned as per Annexure A13 Government Order dated 7/7/2017. Those posts were sanctioned for being deputed to the State Industrial Security Force (SISF). Similarly, 138 posts were created to Kochi Metro Rail Ltd as per Government Order dated 14/6/2017 out of which 36 posts were set apart for deputing personnels from KAP-V. Those vacancies were also reported as per Annexure R2(n). Therefore, according to the learned Government Pleader, while the existing cadre strength as on 21/6/2016 was 643, 518 Police Constables were on position, 430 Police Constables who were recruited were on training and 10 advices were pending. Therefore, 315 Constables were in excess of the cadre strength. Out of the said excess, 120 Police OP(KAT) Nos.502, 508 & 509/2019 -:17:- Constables were adjusted by deputation to Rapid Rescue Relief Force as per Government Order dated 28/4/2017. The 181 anticipated vacancies which arose in the year 2017 were adjusted against the excess Police Constables and therefore the excess strength which remained as on 14/1/2018 was 14.
16. In OP(KAT) No.508/2019 the learned Government Pleader filed a statement, thereby indicating that during the validity of the ranked list, 711 vacancies were reported and 694 candidates were advised from the ranked list. The details of vacancies reported has also been filed, which is extracted hereunder:-
Sl. Date of Requisition No. of Remarks No reporting vacanci es 1 26/08/15 A5/15248/2014/APB 16 NJD 2 08/09/15 A5/15248/2014/APB 1 NJD 3 29/12/15 A5/15248/2014/APB 12 NJD 4 30/01/16 A5/15248/2014/APB 13 NJD 5 25/02/16 A5/15997/2014/APB 175 (18 fresh and 157 AV for 2017) 6 08/03/16 A5/15248/2014/APB 2 NJD 7 08/03/16 A5/15248/2014/APB 1 NJD 8 06/10/16 A5/12683/2016/APB 2 NJD 9 24/03/17 E7/218317/2016/PHQ 10 NJD 10 15/04/17 E7/218317/2016/PHQ 104 AV for 2017 OP(KAT) Nos.502, 508 & 509/2019 -:18:- 11 16/05/17 E7/218317/2016/PHQ 2 NJD 12 25/05/17 E7/218317/2016/PHQ 15 NJD 13 30/05/17 E7/218317/2016/PHQ 11 Fresh 14 14/06/17 E7/218317/2016/PHQ 147 12 posts (135+1 created
2) for Kochi Fresh Metro Police Station 15 18/06/17 E7/218317/2016/PHQ 83 58 (25+58) vacancy Fresh arose against deputati on to KMRL towards the post created vide G.O. No. 128/201 7/Home dated 14.06.20 17 16 18/06/17 E7/218317/2016/PHQ 2 NJD 17 19/06/17 E7/218317/2016/PHQ 1 NJD 18 28/07/17 E7/218317/2016/PHQ 59 Deputati Fresh on to SISF as per Note dated 27.07.20 17 19 08/12/17 E7/218317/2016/PHQ 33 NJD 20 10/01/18 E7/218317/2016/PHQ 37 (30 Fresh + 7 NJD
17. Out of the 16 vacancies reported on 26/8/2015 prior to the aforesaid ranked list, 1 vacancy was filled up from the ranked list which came into existence on 21/6/2016 and the 15 other OP(KAT) Nos.502, 508 & 509/2019 -:19:- vacancies were filled up from the earlier ranked list itself. Based on Ext.P9, it was pointed out that 153 candidates were in excess as on 12/4/2017. It is also pointed out that 180 recruited Police Constables were in position as on 27/3/2017 and if that is taken into account, the excess would become 333. It is pointed out that 85 excess Police Constables were adjusted against the vacancy that had arisen on 27/3/2017 and the anticipated vacancies reported was 189-85= 104. That apart, it is stated that 70 Police Constables were deputed from KAP-I to SISF and Kochi Metro Police Station. Out of the 70, 58 were deputed to SISF and 12 to Metro Police Station. All the said vacancies were reported as per proforma dated 17/6/2017.
18. The learned Government Pleader argued that in KAP-V, the cadre strength was only 643 and already there are excess appointments on account of various factors which had been highlighted in the counter affidavit. But still the Tribunal had proceeded to direct filling up of 181 vacancies in the said Battalion. Similar is the position in KAP-1 and the Tribunal had directed reporting of vacancies over and above the cadre strength. It is argued that the Tribunal had relied upon irrelevant OP(KAT) Nos.502, 508 & 509/2019 -:20:- materials to arrive at a finding that there are more vacancies to be reported and that the cadre strength is much above what has been stated by the State Government authorities. It is pointed out that the reply received by the applicants under the Right to Information Act did not disclose the fact that excess persons over and above the cadre strength were already working in KAP-V and KAP-I. In KAP-I also, the contention urged by the learned Government Pleader is that the sanctioned strength of KAP-I is
650. 175 vacancies of the year 2016 which included 18 fresh and 157 anticipated vacancies were reported to KPSC and advices were issued to those candidates. All those vacancies were filled up. In the year 2017, there were 189 anticipated vacancies out of which 104 were reported on 15/4/2017 and 11 on 30/5/2017. Yet another 147 vacancies were reported on 14/6/2017 out of which 12 vacancies occurred due to the creation of Metro Police Station and the remaining 135 vacancies were temporary training posts created as per Government Order dated 31/5/2017. That apart, 83 vacancies were reported on 18/6/2017 which includes 58 vacancies based on deputation of Police Constables to SISF. 59 vacancies were reported on 28/7/2017 as per Government Order OP(KAT) Nos.502, 508 & 509/2019 -:21:- dated 7/7/2017. It is submitted that the anticipated vacancies of the year 2016 numbering 157 includes the vacancies that had arisen on account of transfer, promotion, deputation and retirement. Similarly, 147 vacancies which were reported on 14/6/2017 includes vacancies of 2017 pertaining to transfer, promotion, deputation and retirement up to 31/12/2017. Therefore, the entire 182 vacancies which the Tribunal had placed reliance upon from 21/6/2016 to 14/1/2018 were considered while reporting 175 vacancies in the year 2016 and 104 vacancies in the year 2017.
19. Learned Government Pleader further submitted that the Tribunal erred in finding that the creation of new posts for Kochi Metro Police Station and SISF would increase the cadre strength of KAP-I and KAP-V. It is pointed out that cadre strength of both the Battalions remain the same even after creation of the said posts and hence there is no change in the cadre.
20. We have heard the learned counsel for respondents who supports the view taken by the Tribunal. According to them, in so far as the Tribunal had considered the entire matter based on the particulars provided by the applicants and the petitioners OP(KAT) Nos.502, 508 & 509/2019 -:22:- herein and when the Tribunal had rendered a finding based on available facts, there is no reason for this Court to interfere with the said finding of fact. It is pointed out that, at all point of time, the Battalions were accommodating excess candidates for training purposes and there is no reason to stick on to the cadre strength. If there were no anticipated vacancies during the existence of the ranked list, the concerned departments ought to have submitted a 'nil' report, whereas, this is a case in which, without having taken any such measures, when the ranked list have been published and when vacancies existed, there is failure on the part of the petitioners in reporting those vacancies.
21. First we shall consider whether there is an increase in the cadre strength. In fact, it is not in dispute that the cadre strength of KAP-V was 643 and KAP-I was 650. While considering the question whether there was increase in the cadre strength, the Tribunal placed reliance on Annexures A13 and A14. By Annexure A13 dated 7/7/2017, additional 345 posts were created in the SISF. By Annexure A14 dated 16/6/2017, 138 new posts were created for security of Kochi Metro Rail Limited. This apparently is a separate cadre and cannot add to the cadre OP(KAT) Nos.502, 508 & 509/2019 -:23:- strength of KAP-V or KAP-I. The Tribunal's finding that, since these posts were created and Constables from KAP-V and KAP-I are being deputed, it increases the cadre strength of KAP-V and KAP-I cannot be sustained. The cadre strength had never been increased either in KAP-V or KAP-I, which requires a special order from the Government. Therefore, the aforesaid finding is without any basis and liable to be interfered.
22. It is the contention of the Government that there were excess candidates after reporting of the vacancies from the ranked list which expired on 14/1/2018. According to the Government, as on 21/6/2016 when the cadre strength was 643, 430 recruited Police Constables were under training. Therefore, the vacancies that existed as on 21/6/2016 was 125 and 10 advices were received for sending candidates for training. On receiving the advices, it was found that 315 persons were excess when the number of recruited Police Constables were considered taking into account the sanctioned cadre strength. Ext.P17 is the strength position of Police Constables in KAP-V as on 21/6/2016. It is further stated that during the currency of the ranked list, 670 vacancies were reported out of which 668 advices were issued. OP(KAT) Nos.502, 508 & 509/2019 -:24:- Ext.P18 has been produced to prove the strength of KAP-V from 1/06/2016 to 1/02/2018. As on 01/02/2018, the sanctioned strength was 643, the existing strength was 726 and the excess is 83 from which it is rather clear that there are excess persons appointed in KAP-V. Same is the position with reference to KAP-I. Ext.P9 is the strength statement of KAP-I as on 12/4/2017. The sanctioned strength of Police Constable was 650 whereas the existing strength is 801. It is pointed out that out of the sanctioned posts, 2 posts were shifted to Special Branch, CID as per Government Order dated 8/10/2015 and therefore the excess is 153. There is no reason to doubt the genuineness of either Ext.P18 produced in OP(KAT) No.502/2019 or Ext.P9 produced in OP(KAT) No.508/2019. Therefore, the contention that there were excess personnel over and above the sanctioned strength is proved with sufficient material. From the above particulars, it is rather clear that there were no vacancies for being reported as on the date of expiry of the ranked list.
23. The Tribunal, in fact had placed reliance on some irrelevant material to arrive at a conclusion that there were enough vacancies to be advised. First of all, the Tribunal had OP(KAT) Nos.502, 508 & 509/2019 -:25:- relied upon the information received under the Right to Information Act and had opined that the Government was not in a position to prove that excess hands were available in the Battalions. The said finding, according to us, is erroneous. The petitioners have produced sufficient material before this Court to prove the sanctioned strength as well as the number of personnel in excess. Ext.P18 in OP(KAT) No.502/19 and Ext.P9 in OP(KAT) No.508/2019 proves the said fact.
24. It is pointed out by the learned Government Pleader that information received by the applicants from the Commandants, by itself did not reflect the actual cadre strength and the vacancy position. Earlier vacancies were reported by the Armed Police Battalion Head Quarters. The said practice was dispensed w.e.f. 1/11/2015 and the vacancies are reported to the police Head Quarters by the Head Quarters of Armed Police Battalion. Therefore, the Head Quarters having considered these matters have found that there were Police Constables in excess of the cadre strength and once it is so found, court cannot direct that any reporting of the vacancies or advice should be made in excess of the cadre strength.
OP(KAT) Nos.502, 508 & 509/2019 -:26:-
25. The Tribunal observed that the applicants have established existence of 181 vacancies in the year 2017. Further, 73 vacancies had arisen due to promotion as evident from Annexure A5. Annexure A16(2) indicates the promotion made to different organizations in Kottayam District as 93 and from Annexure A16(4), it is evident that 28 promotions have been made in Idukki District. Further, from Annexure A10, it is seen that 120 Police Constables who had completed training had been appointed to RRRF for one year and therefore, the said posting for about one year would amount to substantive vacancies which had also arisen in 2017. That apart, reference was made to Annexure A15 to indicate that 118 CPOs were transferred from Kottayam district and 63 from Idukki district. It is based on the aforesaid particulars that the Tribunal have arrived at a conclusion that several anticipated vacancies had arisen in KAP-V during the year 2017. A reference to these documents would show that the Tribunal had basically placed reliance on information received from the Information Officers attached to various offices of the police force. Annexure A4 is the answer given by the State Public Information Officer, Armed Police OP(KAT) Nos.502, 508 & 509/2019 -:27:- Battalion to a query raised by a person. According to the answer given, there are 181 anticipated vacancies in the said cadre. Annexure A5 is the information received from District Police Chief's office on 17/8/2017. Though it is stated that there were 73 promotion vacancies, if we look at the sanctioned and existing strength of CPO as on that date, it could be seen that there were only a few vacancies and in some places, it was in excess. Therefore, Annexure A5 could not have been relied upon at all. Annexure A16(2) is the information received from the District Police Office, Kottayam on 24/2/2018. 93 persons were promoted in Kottayam district. Annexure A16(4) also indicates that 28 persons were given promotion in 2017 in Idukki district. These are all vacancies filled up apparently from KAP-V. But, it could be seen that in KAP-V itself, the number of persons undertaking the training was in excess of the cadre strength. Therefore, the vacancy position in the Police Stations of Kottayam district may not be relevant and appointment of persons in such offices will again depend on the cadre strength of the concerned officers. As already stated, unless the cadre strength of the concerned police stations are verified and ascertained, it could not be stated that OP(KAT) Nos.502, 508 & 509/2019 -:28:- when promotions are made in Kottayam and Idukki districts in various police stations, there should be immediate allocation of personnels from KAP-V. Annexure A10 had been issued on 28/4/2017. This of course may result in a vacancy position in the battalion subject to the cadre strength. Reference to Annexure A15 was totally out of place as the same has been issued on 16/4/2018 much after the expiry of the ranked list. As already mentioned, when the Government has placed reliance on sufficient material to prove that there is excess personnel in KAP- V, no further advice could be issued during the currency of the ranked list.
26. With reference to KAP-1 also, the Tribunal has placed reliance on Annexures A19 to A22 which reflects 70 deputation vacancies. Annexures A19 to A22 of course reflects 70 deputation vacancies to SISF. Annexures A15 and A17 show 6 deputation vacancies to Kochi City Police Unit and in Ernakulam Rural Police unit. Tribunal further found that creation of new posts in Kochi Metro Police Station and SISF had increased the cadre strength. Viewed in that angle, it was observed that there were additional vacancies to be reported during the currency of the ranked list, OP(KAT) Nos.502, 508 & 509/2019 -:29:- and taking into account the overall factual circumstances, the vacancies to be recruited will be 170. This finding is also erroneous for the reasons which we have already stated. The question to be considered is whether the sanctioned strength of the battalion has been reduced for filling up the vacancies during the currency of the ranked list. When it is shown otherwise by the petitioners, the Tribunal committed error of law in issuing the impugned directions. When we look at the strength of the police force during the relevant period, it is rather clear that at all point of time, appointments are made in excess of the sanctioned strength. Once we arrive at such a finding, the direction to fill up vacancies from the very same ranked list over and above the sanctioned strength is erroneous.
27. Based on the arguments raised by the learned Government Pleader and the materials placed on record, it is rather clear that as on the date of expiry of the ranked list, in both the Battalions, the number of persons employed were in excess of the sanctioned cadre strength. In such circumstances, the contention urged on behalf of the respondents are only to be rejected.
OP(KAT) Nos.502, 508 & 509/2019 -:30:-
28. It is pointed out by the learned counsel appearing for the respondents that always there was excess in the cadre strength on account of various factors. But while issuing a direction to report vacancies, no Court or Tribunal can direct the vacancies to be reported over and above the sanctioned strength.
We therefore allow these Original Petitions and the impugned order in OA(EKM) Nos.1381/2017, 75/2018 and 85/2018 is hereby set aside and the Original Applications will stand dismissed.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P.
Rp JUDGE
OP(KAT) Nos.502, 508 & 509/2019
-:31:-
APPENDIX OF OP(KAT) 502/2019
PETITIONER'S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE O.A. ALONG WITH
ANNEXURES.
EXHIBIT P1(A1) TRUE COPY OF THE NOTIFICATION OF THE
PETITIONERS IN CATEGORY NUMBER 12/2015 DATED 12/03/2015.
EXHIBIT P1(A2) TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST OF THE PETITIONERS ISSUED ON 21/06/2016WHERE THE PETITIONERS NAME IS DEPICTED.
EXHIBIT P1(A3) TRUE COPY OF THE EXTRACT FROM THE WEBSITE OF THE KERALA PUBLIC SERVICE COMMISSION STATING THAT 200 VACANCIES HAS BEEN ALLOTTED TO THE PREVIOUS RANK LIST IN CAT.NO.250/2011 IS PRODUCED.
EXHIBIT P1(A4) TRUE COPY OF THE RIGHT TO INFORMATION DEPICTING 181 ANTICIPATED VACANCIES AVAILED WITH THE 2ND RESPONDENT IN 2017 DATED 06/01/2017.
EXHIBIT P1(A5) TRUE COPY OF THE RIGHT TO INFORMATION OBTAINED FROM THE 2ND RESPONDENT DATED 17/08/2017 STATING THERE ARE 75 VACANCIES AROUSED AS PART OF PROMOTION. EXHIBIT P1(A6) TRUE COPY OF THE RIT SUBMITTED TO THE DISTRICT POLICE HEAD QUARTERS TO SUBMIT THE ANTICIPATED VACANCIES.
EXHIBIT P1(A7) THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.
EXHIBIT P2 TRUE COPY OF MISCELLANEOUS APPLICATION DATED 09/01/2018 PRODUCING ANNEXURES A8 TO A14.
OP(KAT) Nos.502, 508 & 509/2019 -:32:- EXHIBIT P2(A8) TRUE COPY OF THE QUESTIONNAIRE OF ANNEXURE A5 SUBMITTED FOR RTI DATED 17/07/2017.
EXHIBIT P2(A9) TRUE COPY OF THE RTI DATED 17/11/2016 DEPICTING THE DETAILS OF THE CIRCULAR NUMBERED NO.ADV.63/104/2016/P&ARD. EXHIBIT P2(A10) TRUE COPY OF THE RTI DATED 28/04/2017 STATING THAT 120 COP IS TRANSFERRED FROM PETITIONERS POLICE DISTRICT TO RRRF.
EXHIBIT P2(A11) TRUE COPY OF THE CIRCULAR NUMBERED AS KDO/740/17 DATED 31/08/2017 SHOWING THAT 106 RETIREMENT VACANCIES ARE AVAILABLE IN CPO FOR THE YEAR 2018.
EXHIBIT P2(A12) TRUE COPY OF THE RELEVANT PAGES OF THE KPSC WEBSITE DESCRIBING THE ADVISE TILL 20/09/2017.
EXHIBIT P2(A13) TRUE COPY OF THE G.O.(MS) NO.148/2017/HOME DEPICTING 135 VACANCIES AVAILABLE IS PRODUCED DATED 07/07/2017.
EXHIBIT P2(A14) TRUE COPY OF THE G.O.(MS) NO.130/2017/HOME DATED 16/06/2017.
EXHIBIT P3 TRUE COPY OF INTERIM ORDER DATED 10/01/2018.
EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT ON BEHALF OF THE 1ST RESPONDENT ALONG WITH ADOPTION MEMO.
EXHIBIT P5 TRUE COPY OF MISCELLANEOUS APPLICATION FILED TO ACCEPT ANNEXURE A15 AND A16.
EXHIBIT P5(A15) TRUE COPY OF THE ORDER NUMBERED AS A7- 6234/2018/APB DATED 16/04/2018.
OP(KAT) Nos.502, 508 & 509/2019 -:33:- EXHIBIT P5(A16) TRUE COPY OF THE RTI DEPICTING 93 VACANCIES AND 28 VACANCIES.
EXHIBIT P6 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT.
EXHIBIT P6(R2(A)) TRUE COPY OF G.O.(RT) NO.1406/2005/HOME DATED 07/06/2005.
EXHIBIT P7 TRUE COPY OF MISCELLANEOUS APPLICATION FILED TO ACCEPT ANNEXURE A17 TO A19.
EXHIBIT P7(A17) TRUE COPY OF THE RELEVANT PAGES OF THE NEW NOTIFICATION ISSUED BY THE 3RD RESPONDENT NUMBERED AS 657/2017 DATED 30/12/2017.
EXHIBIT P7(A18) TRUE COPY OF THE RELEVANT PAGES OF THE ADVICE FROM THE RANK LIST OF THE PETITIONERS ON 30/01/2018.
EXHIBIT P7(A19) TRUE COPY OF THE RELEVANT PAGES OF THE ADVISE DETAILS DATED 20/09/2017 OBTAINED FROM THE WEBSITE OF THE 3RD RESPONDENT.
EXHIBIT P8 TRUE COPY OF REPLY AFFIDAVIT DATED 07/08/2018.
EXHIBIT P9 TRUE COPY OF INTERIM ORDER DATED 14/08/2018.
EXHIBIT P10 TRUE COPY OF ADDITIONAL REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT.
EXHIBIT P10(R2(B)) TRUE COPY OF THE LETTER NO.A1(A)/76247/16/K DATED 29/09/2016. EXHIBIT P10(R2(C)) TRUE COPY OF THE LETTER NO.A7/51383/2016/ID DATED 08/09/2016. EXHIBIT P11 TRUE COPY OF ADDITIONAL REPLY STATEMENT FILED ON 21/02/2019 PRODUCING ANNEXURES R2(D) TO R2(T).
OP(KAT) Nos.502, 508 & 509/2019 -:34:- EXHIBIT P11(R2(D)) TRUE COPY OF LETTER DATED 13/08/2015 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(E)) TRUE COPY OF LETTER DATED 11/11/2015 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(F)) TRUE COPY OF LETTER DATED 19/11/2015 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(G)) TRUE COPY OF LETTER DATED 02/02/2016 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(H)) TRUE COPY OF LETTER DATED 19/2/2016 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(I)) TRUE COPY OF LETTER DATED 27/06/2016 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(J)) TRUE COPY OF LETTER DATED 21/07/2016 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(K)) TRUE COPY OF LETTER DATED 29/08/2016 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(I)) TRUE COPY OF LETTER DATED 16/05/2017 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(M)) TRUE COPY OF LETTER DATED 14/06/2017 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(N)) TRUE COPY OF LETTER DATED 18/06/2017 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(O)) TRUE COPY OF LETTER DATED 28/07/2017 WITH THE ENCLOSED PROFORMA.
EXHIBIT P1(R2(P)) TRUE COPY OF LETTER DATED 10/01/2018 WITH THE ENCLOSED PROFORMA.
EXHIBIT P11(R2(Q)) TRUE COPY OF THE RELEVANT PORTION OF THE PROCEEDINGS OF THE STATE POLICE CHIEF, KERALA, THIRUVANANTHAPURAM DATED 28/06/2017.
OP(KAT) Nos.502, 508 & 509/2019 -:35:- EXHIBIT P11(R2(R)) TRUE COPY OF LETTER DATED 08/07/2016 ALONG WITH THE STRENGTH STATEMENT OF KAP 5 BATTALION AS ON 01/07/2016.
EXHIBIT P11(R2(S)) TRUE COPY OF LETTER DATED 11/04/2017 AND THE NOMINAL ROLE OF MINISTERIAL STAFFS.
EXHIBIT P11(R2(T)) TRUE COPY OF LETTER DATED 11/01/2019 OF THE COMMANDANT,KAP 5 BATTALION TO THE 2ND RESPONDENT.
EXHIBIT P12 TRUE COPY OF REJOINDER STATEMENT FILED ON 19/03/2019.
EXHIBIT P13 TRUE COPY OF MISCELLANEOUS APPLICATION FILED TO ACCEPT ANNEXURE A20 TO A24.
EXHIBIT P13(A20) TRUE COPY OF THE CIRCULAR NUMBERED AS ADV.C3/104/2016/P&ARD DATED 17/08/2016. EXHIBIT P13(A21) TRUE COPY OF CIRCULAR NUMBERED AS 22/2016 DATED 20/10/2016 ISSUED BY THE STATE POLICE CHIEF.
EXHIBIT P13(A22) TRUE COPY OF CIRCULAR NO.01/2011 DATED 01/01/2011 WITH REFERENCE TO G.O.(P). 268/2010/HOME ISSUED BY THE DIRECTOR GENERAL OF POLICE.
EXHIBIT P13(A23) TRUE COPY OF THE RTI DATED 16/02/2018 NUMBERED AS NO.IE (RTI) 9749/2018/PHQ. EXHIBIT P13(A24) TRUE COPY OF THE G.O.NUMBERED AS G.O. (MS) NO.117/2017/HOME DATED 31/05/2017 ISSUED BY THE GOVERNMENT.
EXHIBIT P14 TRUE COPY OF ADDITIONAL REPLY STATEMENT FILED BY THE 2ND RESPONDENT PRODUCING ANNEXURE R2(U) SERIES OF DOCUMENTS.
EXHIBIT P14(R2(U) TRUE COPY OF G.O. DATED 18/02/2011, 04/07/2015, 30/07/2015, 22/03/2017 AND OP(KAT) Nos.502, 508 & 509/2019 -:36:- 31/05/2017.
EXHIBIT P15 TRUE COPY OF REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT.
EXHIBIT P15(R2(V)) TRUE COPY OF THE STRENGTH STATEMENT AS ON 02/07/2019.
EXHIBIT P16 TRUE COPY OF ORDER DATED 30/08/2019 IN OA(E) 75/2018.
EXHIBIT P17 TRUE COPY OF THE STATEMENT REGARDING THE STRENGTH OF THE POLICE CONSTABLES IN KAP 5TH BATTALION.
EXHIBIT P18 TRUE COPY OF THE STRENGTH STATEMENT OF KAP 5TH BATTALION DURING THE PERIOD FROM 01/06/2016 TO 01/02/2018.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(A) THE TRUE COPY OF THE RTI QUESTIONNAIRE DATED 17.12.2019 SEND TO THE PUBLIC INFORMATION OFFICER ADGP BATTALION BY ONE OF THE RANK HOLDER.
EXHIBIT R1(B) THE TRUE COPY OF THE REPLY TO THE RTI DATED 16.01.2020 NUMBERED AS NO.G4/20962/2019/APB.
OP(KAT) Nos.502, 508 & 509/2019 -:37:- APPENDIX OF OP(KAT) 508/2019 PETITIONER'S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF THE OA(E) NO.85/2018 ALONG WITH ANNEXURES.
EXHIBIT P1(A1) TRUE COPY OF THE NOTIFICATION PUBLISHED IN GAZETTE DATED 12.03.2015 BY THE 5TH RESPONDENT.
EXHIBIT P1(A2) TRUE COPY OF THE RELEVANT PAGES OF PSC RANK LIST FOR KAP-I BATTALION PUBLISHED WHEREIN THE NAMES OF THE APPLICANTS ARE SHOWN.
EXHIBIT P1(A3) TRUE COPY OF THE LIST OF VACANCIES THROUGH THE RETIREMENT AND PROMOTION ARISED IN ERNAKULAM CITY OF KAP-I BATTALION.
EXHIBIT P1(A4) TRUE COPY OF THE LIST OF VACANCIES THROUGH THE RETIREMENT AND PROMOTION ARISED IN ERNAKULAM RURAL OF KAP-I BATTALION.
EXHIBIT P1(A5) TRUE COPY OF THE CIRCULAR NO.ADV.C3/104/2016/P & ARD DATED 17.08.2016.
EXHIBIT P1(A6) TRUE COPY OF THE LETTER NO.L2- 108022/2014/PHQ DATED 05.09.2016.
EXHIBIT P2 A PHOTOCOPY OF THE INTERIM ORDER DATED 10.01.2018.
EXHIBIT P3 A PHOTOCOPY OF THE REPLY STATEMENT OF THE 2ND RESPONDENT IN THE OA.
EXHIBIT P4 A PHOTOCOPY OF THE REJOINDER STATEMENT ALONG WITH ITS ANNEXURES.
EXHIBIT P4(A7) TRUE COPY OF THE INFORMATION PROVED BY OP(KAT) Nos.502, 508 & 509/2019 -:38:- THE 5TH RESPONDENT IN OPKAT REGARDING NON-ADVISED 17 VACANCIES.
EXHIBIT P4(A8) TRUE COPY OF THE INFORMATION PROVIDED BY THE 2ND RESPONDENT IN OA UNDER RTI ACT, REGARDING ALLOCATION 1200 NUMBERS OF GOVERNMENT SANCTIONED POST.
EXHIBIT P4(A9) TRUE COPY OF THE INFORMATION PROVIDED BY THE 2ND RESPONDENT IN OA UNDER RTI ACT, REGARDING REPORTING OF VACANCIES OF KOCHI METRO AND METRO POLICE STATION TO 5TH RESPONDENT.
EXHIBIT P4 (A10) TRUE COPY OF THE INFORMATION PROVIDED BY THE 2ND RESPONDENT IN OA UNDER RTI ACT, REGARDING REPORTING OF VACANCIES IN SISF TO 5TH RESPONDENT.
EXHIBIT P4 (A11) TRUE COPY OF THE COMMUNICATION SEND BY THE 5TH RESPONDENT IN OA TO 2ND RESPONDENT IN OA TO ADD SAVING CLAUSE IN THE AMENDMENT OF RECRUITMENT RULES TO ISSUE ADVICE IN PENDING VACANCIES.
EXHIBIT P4 (A12) TRUE COPY OF THE INFORMATION AVAILED UNDER RTI ACT REGARDING THE PEOPLE-
POLICE RATIO OF THE STATE.
EXHIBIT P4 (A13) TRUE COPY OF THE SUBMISSION OF THE HON'BLE CHIEF MINISTER OF KERALA TO REPLY TO THE QUESTION IN THE ASSEMBLY ON 28.11.2018.
EXHIBIT P5 A PHOTOCOPY OF THE ADDITIONAL REPLY STATEMENT OF THE 2ND RESPONDENT IN OA.
EXHIBIT P6 A PHOTOCOPY OF THE INTERIM ORDER DATED 28.03.2019.
EXHIBIT P7 A PHOTOCOPY OF THE ADDITIONAL REJOINDER STATEMENT ALONG WITH ANNEXURES.
OP(KAT) Nos.502, 508 & 509/2019 -:39:- EXHIBIT P7 (A14) TRUE COPY OF THE APPLICATION FILED UNDER RTI ACT SEEKING VACANCIES ARISE IN KOCHI CITY AND ERNAKULAM RURAL IN THE YEAR 2018 AND INFORMATION PROVIDE UNDER RTI ACT DATED 25.01.2019 AND 31.05.2019 RESPECTIVELY.
EXHIBIT P7 (A15) TRUE COPY OF THE INFORMATION OBTAINED UNDER RTI ACT REGARDING THE OFFICERS UNDER DEPUTATION IN THE KOCHI CITY POLICE UNIT.
EXHIBIT P7 (A16) TRUE COPY OF THE INFORMATION OBTAINED UNDER RTI ACT REGARDING THE OFFICERS UNDER LONG LEAVE FOR MORE THAN 6 MONTHS IN THE KOCHI CITY POLICE UNIT.
EXHIBIT P7 (A17) TRUE COPY OF THE INFORMATION OBTAINED UNDER RTI ACT REGARDING THE OFFICERS UNDER LONG LEAVE FOR MORE THAN 6 MONTHS AND DEPUTATIONS IN THE ERNAKULAM RURAL POLICE UNIT.
EXHIBIT P7 (A18) TRUE COPY OF THE APPLICATION UNDER RTI ACT AND INFORMATION PROVIDED REGARDING THE RESIGNATION OF MR.VIKAS C.VIJAYAN AND MR.SIDDIQUE.C.A. EXHIBIT P7 (A19) TRUE COPY OF THE ORDER NO.18/2017/SISF DATED 02.03.2017 TO TRANSFER THE PC FROM KAP BATTALION ON DEPUTATION TO SISF.
EXHIBIT P7 (A 20) TRUE COPY OF THE ORDER NO.20/2017/SISF DATED 02.03.2017 TO TRANSFER THE PC FROM KAP BATTALION ON DEPUTATION TO SISF.
EXHIBIT P7 (A 21) TRUE COPY OF THE ORDER NO.21/2016/SISF DATED 07.03.2017 TO TRANSFER THE PC FROM KAP BATTALION ON DEPUTATION TO SISF.
OP(KAT) Nos.502, 508 & 509/2019 -:40:- EXHIBIT P7 (A 22) TRUE COPY OF THE ORDER NO.47/2017/SISF DATED 28.04.2017 TO TRANSFER THE PC FROM KAP BATTALION ON DEPUTATION TO SISF.
EXHIBIT P7 (A 23) TRUE COPY OF THE INFORMATION DATED 25.05.2018 RECEIVED UNDER RTI ACT REGARDING THE 244 VACANCIES ARISE DURING THE PERIOD JUNE 2013 TO APRIL 2018.
EXHIBIT P7 (A 24) TRUE COPY OF THE INFORMATION DATED APPLICATION FILED UNDER RTI ACT AND INFORMATION RECEIVED DATED 23.01.2019 REGARDING THE 244 VACANCIES ARISE DURING THE PERIOD JUNE 2013 TO APRIL 2018.
EXHIBIT P8 A PHOTOCOPY OF THE COMMON ORDER DATED 30.08.2019 IN OA(EKM) NO.85/2018.
EXHIBIT P9 A PHOTOCOPY OF THE STATEMENT OF STRENGTH IN KAP-1ST BATTALION AS ON 12.04.2017.
EXHIBIT P10 COPY OF MISCELLANEOUS APPLICATION FILED TO STAY THE RANK LIST NO.370/19/DOE.
EXHIBIT P10 (A25) TRUE COPY OF THE RANK LIST OF POLICE CONSTABLES KAP-I BATTALION UNDER CATEGORY NO.657/2017 CAME INTO FORCE WITH EFFECT FROM 01/07/2019.
RESPONDENTS' EXHIBITS:
EXHIBIT R1 A TRUE COPY OF THE ORDER DATED 29/12/2011 ISSUED BY GOVERNMENT OF KERALA EXHIBIT R1 B TRUE COPY OF THE ORDER DATED 20/9/2012 ISSUED BY GOVERNMENT OF KERALA EXHIBIT R1 C TRUE COPY OF THE ORDER DATED 7/7/2017 ISSUED BY GOVERNMENT OF KERALA OP(KAT) Nos.502, 508 & 509/2019 -:41:- EXHIBIT R1 D TRUE COPY OF THE APPLICATION AND REPLY UNDER RTI ACT, 2005 EXHIBIT R1 E TRUE COPY OF THE TABLE CONTAINING DETAILS OF THE VACANCIES REPORTED OP(KAT) Nos.502, 508 & 509/2019 -:42:- APPENDIX OF OP(KAT) 509/2019 PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OA (E) NO.1381/2017 ALONG WITH ITS ANNEXURES & MA EXHIBIT P1 (A1) TRUE COPY OF THE NOTIFICATION PUBLISHED IN GAZETTEE DATED 12.03.2015 BY THE 3RD RESPONDENT.
EXHIBIT P1(A2) TRUE COPY OF THE RELEVANT PAGES OF THE PSC RANK LIST PUBLISHED ON 20.06.2016 WHEREIN THE NAMES OF THE APPLICANTS.
EXHIBIT P2(A3) TRUE COPY OF THE REPRESENTATION DATED NIL ADDRESSED TO THE RESPONDENTS.
EXHIBIT P1(A4) TRUE COPY OF THE REPRESENTATION SENT ON 30.06.2017.
EXHIBIT P1(A5) TRUE COPY OF THE SCREEN SHOT OF THE VACANCIES NOTIFIED IN THE PSC WEBSITE. EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT OF THE 1ST RESPONDENT ALONG WITH ADOPTION MEMO. EXHIBIT P3 A PHOTOCOPY OF THE REPLY STATEMENT OF THE 2ND RESPONDENT ALONG WITH ADOPTION MEMO.
EXHIBIT P3(R2(a)) A TRUE COPY OF THE G.O (Rt) NO.1406/2005/HOME DATED 07.6.2005.
EXHIBIT P4 TRUE COPY OF REJOINDER TO THE REPLY STATEMENT OF THE 2ND RESPONDENT.
EXHIBIT P4(A6) TRUE COPY OF THE CIRCULAR NO.ADV.C3/104/2016/P&ARD DATED 17.08.2016 ISSUED BY THE GOVERNMENT OF KERALA.
OP(KAT) Nos.502, 508 & 509/2019 -:43:- EXHIBIT P4 (A7) TRUE COPY OF THE COMMUNICATION NO.A7- 6234/2018/APB DATED 16.04.2018 ISSUED BY THE ADGP, APBN TO ALL DPCs.
EXHIBIT P4(A8) TRUE COPY OF THE RTI REPLY DATED 30.01.2018 ISSUED BY POLICE HEADQUARTERS.
EXHIBIT P5 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT ON BEHALF OF THE 2ND RESPONDENT.
EXHIBIT P5(R2(b)) TRUE COPY OF THE LETTER.NO.A1(a)/76247/16/K DATED 29.06.2016.
EXHIBIT P5(R2(c)) TRUE COPY OF THE LETTER NO.A7/51383/2016/ID DATED 08.09.2016. EXHIBIT P6 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT ALONG WITH ADOPTION MEMO DATED 25.02.2019.
EXHIBIT P6(R2(d)) TRUE COPY OF THE LETTER DATED 13.08.2015 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(e)) TRUE COPY OF THE LETTER DATED 11.11.2015 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(f)) TRUE COPY OF THE LETTER DATED 19.11.2015 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(g)) TRUE COPY OF THE LETTER DATED 02.02.2016 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2((h)) TRUE COPY OF THE PROFORMA DATED 2/2016. EXHIBIT P6(R2(i)) TRUE COPY OF THE LETTER DATED 27.06.2016 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(j)) TRUE COPY OF THE LETTER DATED 21.07.2016 WITH THE ENCLOSED PROFORMA. OP(KAT) Nos.502, 508 & 509/2019 -:44:- EXHIBIT P6(R2(k)) TRUE COPY OF THE LETTER DATED 29.08.2016 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(l)) TRUE COPY OF THE LETTER DATED 16.05.2017 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(m)) TRUE COPY OF THE LETTER DATED 14.06.2017 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(n)) TRUE COPY OF THE LETTER DATED 18.06.2017 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(o)) TRUE COPY OF THE LETTER DATED 28.07.2017 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(p)) TRUE COPY OF THE LETTER DATED 10.01.2018 WITH THE ENCLOSED PROFORMA. EXHIBIT P6(R2(q)) TRUE COPY OF THE PROCEEDINGS OF THE STATE POLICE CHIEF KERALA, DATED 28.06.2017.
EXHIBIT P6(R2(r)) TRUE COPY OF THE LETTER DATED 08.07.2016 ALONG WITH THE STRENGTH STATEMENT OF KAP 5 BATTALION AS ON 01.07.2016.
EXHIBIT P6(R2(s)) TRUE COPY OF THE LETTER DATED 11.04.2017 & THE NOMINAL ROLE OF MINISTERIAL STAFFS.
EXHIBIT (R2(t)) TRUE COPY OF THE LETTER DATED 11.01.2019 SENT FROM THE COMMANDANT, KAP 5 BATTALION TO THE STATE POLICE CHIEF.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 30.08.2019 IN OA (EKM) NO.1381/2017.
EXHIBIT P8 TRUE COPY OF THE STATEMENT REGARDING THE STRENGTH OF THE POLICE CONSTABLES IN KAP 5TH BATTALION.
OP(KAT) Nos.502, 508 & 509/2019 -:45:- EXHIBIT P9 A PHOTOCOPY OF THE STRENGTH STATEMENT OF KAP 5TH BATTALION DURING THE PERIOD FROM 01.06.2016 TO 01.02.2018.
RESPONDENT'S EXHIBITS:
EXHIBIT R6 (a) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 30.10.2014) EXHIBIT R6 (a) (a) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 05.03.2015) EXHIBIT R6 (a)(b) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 09.06.2015) EXHIBIT R6(a)(c) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 14.07.2015) EXHIBIT R6(a)(d) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 10.08.2015) EXHIBIT R6(a)(e) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 01.09.2015) EXHIBIT R6(b) TRUE COPY OF THE PRINTOUT OF THE DETAILS TAKEN FROM PSC WEBSITE.
EXHIBIT R6 (c) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 07.09.2016) EXHIBIT R6(c)(a) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 08.11.2016) EXHIBIT R6(c)(b) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 07.12.2016) OP(KAT) Nos.502, 508 & 509/2019 -:46:- EXHIBIT R6(c)(c) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 06.01.2017) EXHIBIT R6(c)(d) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 15.06.2017) EXHIBIT R6(c)(e) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 24.07.2017) EXHIBIT R6(c)(f) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 20.09.2017) EXHIBIT R6 (c)(g) TRUE COPY OF THE FRONT PAGE OF THE PSC ADVICE CHART/APPOINTMENT CHART (DATE OF ADVICE 30.01.2018) EXHIBIT R6(d) TRUE COPY OF THE LETTER OF DGO NO.1107/2017 DATED 28.4.2017.
EXHIBIT R6(e) TRUE COPY OF THE ORDER OF THE GOVERNMENT ASKING DETAILS OF THE INFRASTRUCTURE OF THE NEW STATIONS DATED 20.11.2017.
EXHIBIT R6(f) TRUE COPY OF THE STATEMENT DATED 26.07.2019 FILED BEFORE THE TRIBUNAL WITHOUT ITS ENCLOSURES.
EXHIBIT R6(g) TRUE COPY OF THE RTI APPLICATION DATED 17.12.2019.
EXHIBIT R6(h) TRUE COPY OF THE REPLY DATED 16.01.2020. EXHIBIT R6(i) TRUE COPY OF THE TABLE.
EXHIBIT R6(j) TRUE COPY OF THE ORDER OF THE STATE POLICE CHIEF DATED 27.10.2017.
EXHIBIT R6(k) TRUE COPY OF THE RELEVANT PAGES OF THE OP(KAT) Nos.502, 508 & 509/2019 -:47:- APPOINTMENTS CHART NAMELY PAGE NOS.1 AND 17 OF THE PSC (FILE NO.DTG(1) 2913/2015) EXHIBIT R6(l) TRUE COPY OF THE INFORMATION OBTAINED UNDER RTI APPLICATION VIDE COMMUNICATION DATED 06.03.2020 OF THE STATE PUBLIC INFORMATION OFFICER ADDRESSED TO SRI AYYOOB ALIYAR.
EXHIBIT R6(m) TRUE COPY OF THE PRINT OUT TAKEN FROM THE PSC WEBSITE REPORTING OF 265 VACANCIES WITH 1 NJD TO THE PSC ON 03.02.2020.
True Copy PS to Judge