Central Administrative Tribunal - Ernakulam
Vijaya Kumaran K P Ips Retired vs State Of Kerala Represented By The Chief ... on 25 October, 2021
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00481/2021
Monday, this the 25th day of October 2021
CO RAM:
HON'BLE Mr.P.MADHAVAN, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
Vijaya Kumaran.K.P., I.P.S. (Retired),
Aged 61 years, S/o.Late T.Govindan Nair,
Residing at Pavithram, Vadakkanthara P.O.,
Palghat District - 678 012.
(Last retired as District Police Chief, Thrissur Rural) ...Applicant
(By Advocate Mr.K.R.Radhakrishnan Nair)
versus
1. State of Kerala represented by the Chief Secretary,
Government Secretariat, Thiruvananthapuram - 695 001.
2. Union of India represented by its Secretary,
Ministry of Home Affairs, New Delhi - 110 001.
3. The Accountant General (A&E),
Office of the Accountant General Kerala (A&E),
Thiruvananthapuram - 695 001. ...Respondents
(By Advocates Mr.N.Anilkumar, SCGSC [R2]
& Mr.Imam Grigorios Karat, GP [R1&3])
This application having been heard on 20 th October 2021, the Tribunal
on 25th October 2021 delivered the following :
ORDER
Per : Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER This Original Application has been filed seeking the following reliefs :
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(a) To declare that the applicant is entitled to get the period regularized during which he was kept out of service from the date of his retirement from State Police Service on 31.05.2016 to the date of joining of the IPS promotion post on 30.08.2018 as duty for all purposes including that for pay and allowances, pension and all retiral benefits etc.
(b) To issue appropriate orders directing the respondents to extent the benefit of Annexures A-3 and A-4 to the applicant also in respect of the period he was kept out of service from the date of retirement to the date of joining in the IPS.
(c) To issue appropriate order of direction, directing the respondents to sanction and disburse pay and allowances and all other benefits to the applicant for the above period forthwith;
And
(d) To issue such other reliefs as this Hon'ble Tribunal deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity.
2. The applicant retired on superannuation as Superintendent of Police (Non-IPS) from the State Police Service on 31.05.2016. The applicant submits that he had acquired all the relevant qualifications and eligibility criteria for promotion to the IPS and hence he was entitled to be considered for promotion by selection to the IPS, Kerala Cadre as per the IPS (Appointment by Promotion) Regulations, 1955. He further submits that there was an inordinate delay in convening of the Selection Committee by the Respondents 1 & 2. If the Selection Committee had met in time and the select list had been approved, he would have been appointed to IPS Cadre much before he was due to retire from the State Police Service. However, vide Notification No.I-14011/15/2017-IPS.I(II) dated 30.08.2018, he was -3- conferred the IPS and he assumed charge in the IPS Cadre as Superintendent of Police only on 30.08.2018. He claims that he is entitled to get the period during which he was kept out of service regularized ie., from the date of his retirement from the State Police Service on 31.05.2016 to the date of joining in the IPS Cadre on 30.08.2018, as duty and is also entitled to get the pay and other benefits consequent to the same.
3. The counsel for the respondent State Government has filed a preliminary objection/statement indicating that the applicant had not worked during the above period and therefore, he is not entitled to get any pay during the above period between 31.05.2016 (the date of superannuation from State Police Service) to 30.08.2018 (the date of assumption of charge in the IPS cadre). The applicant was appointed to the IPS cadre as claimed by him. It is submitted that the applicant is not entitled to get the benefits as claimed as there is no such stipulation in the All India Service Rules providing for regularization of such intervening periods and the rules also do not contemplate allowing the same. If the same is permitted it will open the way for several such requests being made for regularization which will result in huge financial loss to the State exchequer and resulting in grant of undue benefits even for the periods where the individual had not worked. He also objects to using of the ratio of judgments in the case of Shri.A.K.Salim (an officer of Indian Forest Service) and Shri.P.K.Madhu (an officer of Indian Police Service) as precedent. -4-
4. Respondent No. 2 Union of India has not filed any statement and is not a contesting party in the matter.
5. When the matter came up for consideration, learned counsel for the applicant has relied on the decision of the Hon'ble High Court of Kerala in O.P.(CAT) No.1251/2012 - State of Kerala vs. P.K.Madhu & Ors. (Annexure A3), wherein the Hon'ble High Court has ordered that the intervening period from the relief from the State Service and induction into the All India Service will be regularized notionally and all benefits, including monetary benefits, for that period period shall be granted to the applicants before the Tribunal. The Hon'ble High Court had also relied on the procedure adopted by the Hon'ble Supreme Court of India in Union Public Service Commission and Another v. A.K.Salim and Others [(2008) 11 SCC 495]. He has also produced a copy of the decision of this Tribunal in the same matter dated 30.05.2011 in O.A.No.788/2010, P.K.Madhu, IPS vs. State of Kerala and Others.
6. On going through the above judgments, we find that the applicant is entitled to be considered for notional fixation of his pay and regularization of service for the period after 31.05.2016 (the date of superannuation from State Police Service) to 30.08.2018 (the date of assumption of charge in the IPS cadre). The decision of the Hon'ble High Court of Kerala in P.K.Madhu's case (supra) covers the position in -5- this matter. We find that the applicant in this case is also entitled as in that matter to get the benefit of regularization of the above period and to have notional fixation of pay and pensionary benefits arising out of the same. We order accordingly. The respondents are directed to comply with the above order within a period of three months from the date of receipt of a copy of this order.
7. The Original Application is disposed of as above. No order as to costs.
(Dated this the 25th day of October 2021)
K.V.EAPEN P.MADHAVAN
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00481/2021
1. Annexure A-1 : True copy of the Notification No.I-14011/15/2017- IPS.I(II) dated 30.08.2018 issued by the 2 nd respondent Government of India.
2. Annexure A-2 : True copy of the judgment dated 30.05.2011 in O.A.No.788/2010 of this Hon'ble Tribunal.
3. Annexure A-3 : True copy of the judgment dated 18.03.2014 in O.P. (CAT) No.1251/2012 of Hon'ble High Court of Kerala.
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