Central Administrative Tribunal - Ernakulam
P Kidave vs Ut Of Lakshadweep on 16 November, 2017
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application Nos.181/01042/2016, 181/00784/2017,
181/00076/2015, 181/00068/2017 and
181/00066/2017
Thursday, this the 16th day of November, 2017
CORAM:
Hon'ble Mr.U.Sarathchandran, Judicial Member
Hon'ble Mr.E.K.Bharat Bhushan, Administrative Member
Original Application No.181/01042/2016
1. Mohammed Saleem P.P, aged 33 years,
S/o. K. Sayed Mohammed
Coastal Police Constable, Buckle No. 02
Kavaratti Police Station, Kavaratti - 682 555
Union Territory of Lakshadweep
Residing at: Parapet House, Kavaratti,
UTL
2. Nooruthahir H.M., aged 31 years,
S/o. K. Anzar
Coastal Police Constable , Buckle No. 06
Police Headquarter, Kavaratti Island,
Kavaratti - 682 555
Union Territory of Lakshadweep
Residing at: Hubaiba Manzil House,
Kavaratti Island, UTL
3. Shafeeque Kallikagothi, aged 29 years,
S/o. Mohammed Berappadigothi
Coastal Police Constable, Buckle No. 05
Kavaratti Police Station, Police Headquarter, Kavaratti - 682 555
Union Territory of Lakshadweep
Residing at: Kallikagothi House, Kudehi Village, Minicoy
UTL
4. Shafique Thudathage, aged 28 years,
S/o. Hassan M
Coastal Police Constable, Buckle No. 08
Minocoy Police Station, Minicoy Island
Union Territory of Lakshadweep
Residing at: Thuddathage, Kudehi Village, Minicoy
UTL
5. Abdurrahiman, aged 29 years,
S/o. Mohammed T, (late)
Coastal Police Constable, Buckle No. 10
Police Headquarter (Wireless), Kavaratti - 682 555
Union Territory of Lakshadweep
Residing at: Purrakkalapura House, Amini Island,
UTL
6. Firoz Khan P.I., aged 27 years,
S/o. Attakoya P.P.
Coastal Police Constable, Buckle No. 13
Androth Police Station, Androth Island - 682 551
Union Territory of Lakshadweep
Residing at: Puthillam House, Kavaratti Island
UTL
7. Mohammed Noushad P.M, aged 26 years,
S/o. Aboosalakoya M,
Coastal Police Constable, Buckle No. 17
Kavaratti Police Station, Kavaratti Island - 682 555
Union Territory of Lakshadweep
Residing at: Puthiya Malika House, Amini Island
UTL
8. Hameedali K.K., aged 31 years,
S/o. Sayedali K.P.
Coastal Police Constable, Buckle No. 19
Agati Police Station, Agati - 682 554
Union Territory of Lakshadweep
Residing at: Kunhalakanyakkada House,
Kavaratti Island - 682 555
UTL ... Applicants
(By Advocate - M/s.T.C. Govindaswamy, Ms. Kala T. Gopi)
Versus
1. The Administrator,
Union Territory of Lakshadweep,
Lakshadweep Administration, Kavaratti - 682 555.
2. The Secretary/Home
Lakshadweep Administration, Kavaratti - 682 555.
3. The Superintendent of Police,
Union Territory of Lakshadweep, Kavaratti - 682 555.
4. Union of India represented by the
Secretary to the Government of India,
Ministry of Home Affairs, New Delhi - 110 001
... Respondents
(By Advocate - Mr. S. Manu (for R1 to R3), Mr. N.
Anilkumar,r.PCGC(R) (R4))
Original Application No.181/00784/2017
V.K. Suresh Babu, aged 59 years,
S/o. V.K. Gopalan, Veluthedath Kuzhiyil,
Nellicode P.O., Calicut - 673 016
... Applicant
(By Advocate - Mr. B. Deepak)
Versus
1. The Administrator,
Union Territory of Lakshadweep,
Kavaratti - 682 555.
2. Superintendent of Police,
Union Territory of Lakshadweep,
Kavaratti - 682 555.
... Respondents
(By Advocate - Mr. S. Manu)
Original Application No.181/00076/2015
1. P. Kidave, aged 56 years,
S/o. Aboobacker, Pulipura House
Kavaratti Island, Union Territory of Lakshadweep
Working as the Head Constable, Kavaratti Island Police Station,
Union of Territory of Lakshadweep
2. K. Ummer, aged 57 years,
S/o. M.P. Khaleed, Kadappurathava House
Kavaratti Island, Union Territory of Lakshadweep
Working as Head Constable, Chetlat Island Police Station,
Union of Territory of Lakshadweep
3. P. P. Samy, aged 56 years,
S/o. T. Ayyappan, Thekkayil House
Palappetty Post, Malappuram District
Working as Head Constable, Agatti Island Police Station,
Union of Territory of Lakshadweep
... Applicants
(By Advocate - Mr.Vinod Vallikkappan)
Versus
1. Superintendent of Police,
Union Territory of Lakshadweep, Kavartti Island,
PIN - 682 555.
2. B.K. Attakidave, Working as Head Constable, Lakshadweep Police,
Union Territory of Lakshadweep.
3. V. ChandranWorking as Head Constable, Lakshadweep Coastal Police,
Union Territory of Lakshadweep
4. E. Kunhikoya, Working as Head Constable, Lakshadweep Coastal
Police, Union of Territory of Lakshadweep ... Respondents
(By Advocate - Mr. S. Manu-R1)
Original Application No.181/00068/2017
1. Mohammed Kasim A, aged 27 years,
S/o. Sayed Mohammed Koya P.
Coastal Police Constable (Driver), Buckle No. 20
Police Headquarters, Kavaratti - 682 555
Union Territory of Lakshadweep
Residing at: Aliyammakada House,
Kavaratti - 682 555 UTL
2. Ershad Efarathuge, aged 31 years,
S/o. Ibrahim Odivalugumduvar
Coastal Police Constable, Buckle No. 21
Minicoy Police Station , Minicoy Island
Union Territory of Lakshadweep
Residing at: Efarathuge, Bada Village,
Minicoy Island UTL
3. Salim Malik M.P., aged 28 years,
S/o. Shoukathali.
Coastal Police Constable, Buckle No. 25
Agati Police Station, Agati Island
Union Territory of Lakshadweep
Residing at: Melepura House, Kavaratti
UTL
4. Irfan Habeeb., aged 26 years,
S/o. Koya A
Coastal Police Constable, Buckle No. 30
Kavaratti Police Station, Kavaratti
Union Territory of Lakshadweep
Residing at: Thachen Biyyada House, Androth Island
UTL
5. Ajmal K.P., aged 26 years,
S/o. Ismail K.C
Coastal Police Constable, Buckle No. 31
Kavaratti Police Station, Kavaratti
Union Territory of Lakshadweep
Residing at: Kunnumpura House, Kalpeni Island
UTL
6. Abdul Manaf., aged 28 years,
S/o. Mohammed K.P
Coastal Police Constable, Buckle No. 32
Police Headquarter, S.B. Unit, Kavaratti
Union Territory of Lakshadweep
Residing at: Thiruvathupura House, Agati Island
UTL
7. Mohammed Hidayathulla, aged 28 years,
S/o. Andev B
Coastal Police Constable, Buckle No. 33
Kavaratti Police Station, Kavaratti Island- 682 555
Union Territory of Lakshadweep
Residing at: Keela Kunnala House, Amini Island
UTL
8. Lukmanul, aged 25 years,
S/o. Mohammed Haji K
Coastal Police Constable, Buckle No. 35
Kavaratti Police Station, Kavaratti- 682 555
Union Territory of Lakshadweep
Residing at: Hudaibiya Manzil House, Kadmat Island
UTL
... Applicants
(By Advocate - Mr.T.C. Govindaswamy, Ms. Kala T.G.)
Versus
1. The Administrator,
Union Territory of Lakshadweep,
Lakshadweep Administration, Kavaratti - 682 555.
2. The Secretary/Home
Lakshadweep Administration, Kavaratti - 682 555.
3. Superintendent of Police,
Union Territory of Lakshadweep,
Kavaratti - 682 555.
4. Union of India represented by the
Secretary to the Government of India,
Ministry of Home Affairs,
New Delhi - 110 001. ... Respondents
(By Advocate - Mr. S. Manu-R1-3, Mr. Thomas Mathew Nellimoottil Sr.
PCGC for R4)
Original Application No.181/00066/2017
1. Naseemudheen P, aged 31 years,
S/o. Sayed Mohammed Koya K
Coastal Police Constable, Buckle No. 37
Police Headquarter, SB Unit, Kavaratti - 682 555
Union Territory of Lakshadweep
Residing at: Puthiyakam House, Kavaratti - 682 555
UTL
2. Shihab P.V., aged 26 years,
S/o. Nallakoya VPP
Coastal Police Constable, Buckle No. 38
Police Headquarter, SB Unit, Kavaratti - 682 555
Union Territory of Lakshadweep
Residing at: Puthiyaveed House,
Kavaratti Island- 682 555, UTL
3. Badarudheen M.P, aged 29 years,
S/o. Koyamma Haji N.P.
Coastal Police Constable, Buckle No. 42
Amini Police Station, (Now at duty at Kavaratti)
Union Territory of Lakshadweep
Residing at: Mayampokkada House, Androth Island
UTL
4. Sakeer Hussain T.P., aged 26 years,
S/o. Ahamed K
Coastal Police Constable, Buckle No. 45
Kalpeni Police Station, Kalpeni Island
Union Territory of Lakshadweep
Residing at: Thithikattiyapura House,
Kavaratti. ... Applicants
(By Advocate - Mr.T.C. Govindaswamy, Ms. Kala T.G.)
Versus
1. The Administrator,
Union Territory of Lakshadweep,
Lakshadweep Administration, Kavaratti - 682 555.
2. The Secretary/Home
Lakshadweep Administration, Kavaratti - 682 555.
3. Superintendent of Police,
Union Territory of Lakshadweep,
Kavaratti - 682 555.
4. Union of India represented by
the Secretary to the Government of India,
Ministry of Home Affairs,
New Delhi - 110 001. ... Respondents
(By Advocate - Mr.S. Manu-R1-3, Mr. N. Anilkumar Sr. PCGC for R4)
These Original Applications having been heard on 7.11.2017, the Tribunal
on 16.11.2017 delivered the following:
COMMON ORDER
BY HON'BLE MR.U.SARATHCHANDRAN, JUDICIAL MEMBER The controversy in the above captioned Original Applications being the alleged merger of two cadres of Police Force working in the Union territory of Lakshadweep viz. the Coastal Police Force and the local police force ie. Lakshadweep Police Force we deem it fit to dispose of the above captioned OAs by a common order. For the sake of convenience, pleadings and the documents contained in Original Application No.181/01042/2016 are referred to in this common order.
2. Applicants contend that the action of the Administrator, Union Territory of Lakshadweep superseding Annexure A-3 Recruitment Rules titled 'Lakshadweep Coastal Security (Group C posts) Recruitment rules, 2008' by notifying Annexure A-6 revised Recruitment Rules 2012 titled 'Lakshadweep Police [Group 'B' and 'C' Posts) Revised Recruitment rules, 2012' is arbitrary, unreasonable and done in an unlawful manner.
3. Applicants state that Coastal Police Stations were constituted in the Lakshadweep islands under the Coastal Security Scheme framed by the Ministry of Home Affairs, Government of India. On 9.2.2007 the Superintendent of Police, Union territory of Lakshadweep had sent a communication vide Annexure A-1 to the Ministry of Home Affairs, Government of India in terms of the check list in the proforma prescribed by the Ministry of Finance, Govt. Of India for creation of posts under that scheme. As per Annexure A-2 communication the Ministry of Home Affairs sanctioned creation of 140 temporary posts under the Coastal Security Scheme.
4. Subsequently, in order to fill up Annexure A-2 newly created posts, Administrator of the Union territory of Lakshadweep published Annexure A-3 Lakshadweep Coastal Security (Group C posts) Recruitment Rules, 2008. Coastal Police Constables so recruited were trained and appointed in the Coastal Police Stations as per the scheme during the year 2009 and appointment orders were issued during the year 2010. Applicants were sent for training and after training, they were given Buckle Numbers.
5. The applicants state that they assume that with the publication of Annexure A-6 revised Recruitment Rules 2012 in supersession of Annexure A-3 Recruitment Rules of 2008, the Lakshadweep Police as well as the Coastal Police Force under the Coastal Security Scheme stand merged and that henceforth the promotions would be only in line with Annexure A-6 Recruitment Rules of 2012. Applicants further state that notwithstanding the the notification of Annexure A6 rules the strength of personnel of Coastal Police is being maintained separately and they are also being transferred from place to place. No combined seniority list of Lakshadweep Police Constables and Coastal Police Constables was published by the respondents.
6. Applicants in Original Application No.181/01042/2016 state that under Annexure A3 Coastal Security Police Recruitment Rules 2008 they are eligible to be considered for promotion to the 20 posts of Head Constables and also to the 5 posts of Assistant Sub Inspectors sanctioned by the Ministry of Home Affairs.
7. The grievance of the applicants is that by way of Annexure A-6, respondents are treating the local police force and the Coastal Police Force under the Coastal Security Scheme as one homogenous class. Applicants were informed about Annexure A-8 message directing all the officers in charge to ensure that all eligible staff appear in the various promotional examinations. Applicants being eligible have participated in the examination and they have qualified vide Annexure A-9 list of sucessful candidates. They point out that in Annexure A-9 list Constables under the Coastal Police Force are shown between serial Nos.130 to 181. Applicants apprehend that respondents by virtue of Annexure A-6 new Recruitment Rules would consider only Lakshadweep Police Constables to the vacancies of Coastal Police Force. They allege that Annexure A6 Recruitment Rules and the amalgamation of Lakshadweep Police and Coastal Police constituted under the Coastal Security Scheme are not in public interest but with the intention of providing promotional opportunity to the Lakshadweep Police Force only. The applicants state that the decision taken by the respondents as per Annexure A-10 file notings deciding to merge the two cadres is opposed to the very object of creation of separate Coastal Police Force under the Coastal Security Scheme and hence the merger of these two cadres by Annexure A-6 is clearly illegal and without jurisdiction.
8. The relief sought in O.A 181/01042/2016 is as under:
'' (i) Declare that Annexure A6 to the extent it reads that the same is in Supersession of A3 is, without jurisdiction, irrational, arbitrary, discriminatory and unconstitutional.
(ii) Call for the records leading to the issue of Annexure A6 and quash the same to the extent it reads that the same is in supersession of Annexure A3;
(iii) Declare that the applicants are entitled to be considered for promotion against the existing vacancies of Head Constables (in the posts created for the Coastal Police Force), duly created in terms of A2/A3 and direct the respondents accordingly;
(iv) Direct the respondents to consider and promote the applicants against the existing vacancies of Head Constables created in terms of A2/A3. ''
9. The applicants in O.A 181/00066/17 and 181/00068/17 are all Coastal Police Constables. Applicants in O.A 181/00076/2015 and 181/00784/2017 are Police Constables of the Lakshadweep Police Department who are aggrieved of not being granted promotion on the basis of Revised Recruitment Rules of 2012.
10. M.A No.181/1071/17 filed by the respondents in O.A No.784/2017 praying for hearing O.A Nos.76/15, 1042/16, 66/17 and 68/17 with this O.A.was allowed for the reasons stated therein.
11. Respondent Lakshadweep administration alone (hereinafter referred to as Respondents) resisted O.A Nos. 181/01042/2016 and 181/00066/2017 contending that nowhere in the Coastal Security Scheme of the Government of India, the method of recruitment and method of promotion are mentioned. The Recruitment Rules for Coastal Police Force were framed and promulgated in the year 2008 wherein it was clearly mentioned that promotion to the post of Head Constables from Lakshadweep Police Constable with 8 years regular service and pass in the test conducted by the appointing authority. Hence, the Police Department of Lakshadweep Administration filled up the vacancies of the Head Constables in Coastal Police from Lakshadweep Police as per their seniority.
12. Respondents state that a meeting of the committee for framing/amendment of the Recruitment Rules was held in the chamber of then Collection-cum-Development Commissioner on 14.9.2012, 19.9.2012 and 25.9.2012 to review the Recruitment Rules of Lakshadweep Police and the posts under the Coastal Security Scheme. It was decided unanimously that the post of Inspector (Wireless), Sub Inspector (Wireless), Assistant Sub Inspector (Wireless), Head Constables and Constables sanctioned under the Coastal Security Scheme shall be amalgamated with the corresponding posts of Lakshadweep Police vide Annexure R-1 Minutes (in Annexure A-10 file noting). The Administrator has approved the aforesaid Minutes vide Annexure R-1(C) file noting on 26.9.2012 and with that the Coastal Police Force stood merged with the Lakshadweep Local Police.
13. According to the official respondents the strength of the personnel of the Coastal Police and Lakshadweep Police was being maintained even after the merger of the posts in the 2012 only because of the fact that the salary heads of both Forces were different initially. Hence a separate strength was maintained for transfer from place to place for both the Forces. The seniority list for Constables under the Lakshadweep Police Force was published in the year 2011 including the Constables recruited till 2006 vide Annexure R1(d) and thereafter no seniority list for the post of Constables in the Lakshadweep Police was published. Recruitment for the Coastal Police was made in the year 2009 and appointment orders were issued during the year 2010. Thereafter in 2011, recruitment was made to the Lakshadweep Police vide Annexure R-1(f) and in 2014 also vide Annexure R1(g). Subsequently, the department has initiated preparation of the latest seniority list including the candidates recruited to the Coastal Police and Lakshadweep Police during the year 2010, 2011 and 2014. But due to the pendency of several litigations, the department could not publish it. The respondents state that it was assured that in the latest seniority list the personnel under the Coastal Police Force will come after those candidates who were in position in the 2006 seniority list of Lakshadweep police but before the 2011 and 2014 recruits.
14. Respondents state that 20 posts of Head Constables and 5 posts of Assistant Sub Inspectors were sanctioned in the Coastal Security Scheme and amalgamation of these posts was approved by the then Administrator. After amalgamation, the Constables of the Coastal Security Scheme became junior to the Lakshadweep Police Constables who had completed 8 years of service or more and hence the applicants were not considered for the post of Head Constables and Assistant Sub Inspectors arising under the Coastal Security Scheme. In the case of post of Assistant Sub Inspectors, recruitment is by promotion from the executive cadre of the Lakshadweep police for which the eligibility is Head Constables having five years regular service in the grade and pass in promotion test. Therefore, the available posts of Assistant Sub Inspectors in the Coastal Security Scheme have to be filled up from eligible Head Constables of the Lakshadweep Police.
15. Respondents submit that during the review meetings of the Recruitment Rules for the Executive Posts in the Coastal Security Scheme, it was suggested by the then Secretary (Home) of the Union Territory of Lakshdweep to decide whether the Police Department should have a common cadre of Local Police and Coastal Police or different cadres for both. In those meetings a unanimous decision was taken to amalgamate the aforesaid posts for the smooth establishment of the Coastal Police and Lakshadweep Police under the direct supervision of Superintendent of Police.
16. Respondents further state that assigning separate ranks to the Coastal Police and Lakshadweep Police will lead huge anomalies in future. The Police Constables in Lakshadweep Police would get promotion only after fifteen to twenty years whereas a Police Constable who has rendered a very short service in the Coastal Police might get promotion years before his counterpart in the Lakshadweep Police and this may lead to total chaos especially when the nature of duties, allowances etc. are almost identical.
17. It is pointed out by the respondents that the total land area of Lakshadweep is 32 Sq.K.m. and out of 36 islands, only10 are inhabited and the total coastal area is not more than 105 k.m. Due to these geographical conditions, duties of the Coastal Police and Lakshadweep Police are one and the same and interchangeable. Though the Coastal Police was established in 2008, the coastal related duties were done by the Lakshadweep Police also. Respondents pray for rejecting the Original Application.
18. We have heard Shri. T.C.Govinda Swamy, learned counsel for the applicants in OA Nos 181/01042/2016, 181/00066/17 and 181/00068/17; and Shri. Vinod Vallikappan for the applicants in OA 181/00076/15 and Shri.B.Deepak and Mr.Karthik Bhavadasan for the applicant in OA 181/00784/17.
19. Shri. Anil Kumar and Mr. Thomas Mathew Nellimoottil appeared for the Central Govt. and submitted that the Central government is only an eo nominee party and that the Union of India has not filed any reply statement in the above OAs. We have heard Shri. S Manu learned Standing Council for the Lakshadweep Administration. We have perused the record produced by the parties in these Original Applications.
20. The controversy in these Original Applications can be narrowed down to a short issue as to whether Annexure A-6 (in O.A 1042/16) revised Recruitment Rules of 2012 is to be held as legally valid or not? A reading of Annexure A-6 shows that it has all the trappings of a Rule framed under the proviso to Article 309 of the Constitution of India giving it the status of a separate rule. It has to be noted that Lakshadweep is a Union territory not having a legislature of its own and that the authority of the Administrator to frame rules emerges out of Article 239 of the Constitution of India. Article 239 Reads:-
''239. Administration of Union Territories - (1) save as otherwise provided by Parliament by law, every Union territory shall be administered by the President acting, to such extent as he thinks fit, through an administrator to be appointed by him with such designation as he may specify.
(2) Notwithstanding anything contained in Part VI, the President may appoint the Governor of a State as the administrator of an adjoining Union territory, and where a Governor is so appointed, he shall exercise his functions as such administrator independently of his Council of Ministers.
''
21. In the Union Territory of Lakshadweep, no Governor has been appointed and hence the Administrator is the authority who exercises his functions as per the power emanating from Article 239. As there is no legislature or a Governor or Lt. Governor for the Union territory of Lakshadweep, the Administrator administrates that Union territory. Both Annexure A-3 Recruitment Rules and Annexure A-6 Recruitment Rules have been sanctioned and notified by the Administrator.
22. We note that there exists two set of Police Force in Union territory of Lakshadweep - (1) the local police force of the Union territory of Lakshadweep viz; Lakshadweep Police Force and (2) the Coastal Police Force. The Coastal Police Force was constituted as per a scheme framed by the Ministry of Home Affairs, Govt. Of India a copy of which is marked as Annexure A-11. Annexure A-12 is a reference note published by the Lok Sabha Secretariat for the use of the Members of Parliament explaining the objective and purpose of setting up of a Coastal Security Scheme. The introductory part of Annexure A-12 reads:
''India's coasts have always been vulnerable to anti- national activities. Numerous cases of the smuggling of goods, gold, narcotics, explosives, arms and ammunition as well as the infiltration of terrorists into the country through these coasts have been reported over the years. The Government had been aware of the activities that are carried out through the country's coasts and had been implementing corrective measures from time to time.''
23. With regard to the Coastal Security System, the note continues :
COASTAL SECURITY SYSTEM There is a multi-tier arrangement for protection and maritime security of the country involving the Indian Navy, Coast Guard and Marine Police of the coastal States and Union Territories. The surveillance on the high seas is carried out along the limits of exclusive economic zone (EEZ) by the Navy and the Coast Guard. In the territorial waters, the Coast Guards protect the Indian interests with vessels and through aerial surveillance. Coastal patrolling close to shallow waters is done by State Marine Police. The State's jurisdiction extends up to 12 nautical miles in the shallow territorial waters.
Coastal Security Scheme Phase - I Keeping in view the vulnerability of the coasts to the activities of criminals and anti-national elements, a Coastal Security Scheme Phase - I was formulated. The Scheme was approved in January, 2005 for implementation in 5 years from the year 2005-06. The Scheme was extended for one year till March, 2011. Coastal Security Scheme phase-I stands completed on March, 2011.
During implementation of Coastal Security Scheme Phase - I, various Coastal Security measures including supply of interceptor boats were undertaken. The scheme had an outlay of '646 crores with '495 crores for meeting non-recurring expenditure and '151 crores for meeting recurring expenditure for 6 years. The scheme has been implemented upto March, 2011.
Coastal States/ UTs were provided with 73 Coastal Police Stations, 97 Check posts, 58 Out posts and 30 Barracks equipped with 204 boats, 153 Four Wheelers, 312 Motorcycles and 10 Rubber Inflatable Boats. 204 boats have been procured centrally by Ministry of Home Affairs (MHA). Construction work of Coastal Police Stations, barracks, check posts, out posts and procurement of vehicles has been done by Coastal States/UTs. Further, a lump sum assistance of '10 lakhs per Coastal Police Station was also given for computers and equipments etc. ''
24. The tabulated data contained in Annexure A-12 note shows that Lakshadweep has established 3 Coastal Police Stations with 2 Jetties. With regard to the initiatives after 26/11 Mumbai terrorists' incident , the note states :
''Subsequent to the Mumbai incident on 26/11, the coastal security arrangement has been thoroughly reviewed by the Government of India. Several important decisions were taken, some of which are given below : -
The coastal States/UTs were asked to carry out a vulnerability/gap analysis in consultation with Coast Guard to firm up their additional requirements for formulation of Phase-II Scheme of the Coastal Security. After getting detailed proposals from the coastal States/UTs, the Coastal Security Scheme (Phase-II) has been approved.
The scheme is being implemented over a period of 5 (five) years starting from April, 2011 with a total financial outlay of '1579.91 crores, ('1154.91 crores for non-recurring expenditure and '425 crores for recurring expenditure) through 9 coastal States and 4 UTs. ''
25. The Coastal Security Scheme was framed by the Ministry of Home Affairs, Government of India. A copy of which is marked as Annexure A-11. Its objective is :
'' The objective of the Coastal Security Scheme is to strengthen the infrastructure for patrolling and surveillance of coastal areas, particularly shallow areas close to the coast to check and counter any illegal cross border activities and criminal activities using the coast or sea. ''
26. With regard to the physical parameters of the coastal security plan, Annexure A-11 scheme envisages that the existing police stations, if any, on the coast may be upgraded and modernised as coastal police station. With regard to the funding, it states that it is 100% centrally assisted scheme. Annexure A-11 scheme however states in para 3 (vii) & (viii) as follows:
''3(vii) The Coastal Police Stations should be adequately manned at all times with marine police component and also personnel for intelligence collection.
3(viii) The marine police component should comprise personnel specially selected and trained in sea-faring skills.'' ( emphasis added)
27. Thus, a reading of Annexure A-11 Coastal Security Scheme clearly states that Coastal Police though to be functioned in the existing Police Stations, it should be adequately manned with marine police component specially selected and trained in ''sea-faring skills''. With regard to the training of the personnel of the Coastal Security Scheme, the marine police personnel are to be trained by Coast Guard. Thus, one can see that the Coastal Police is not a local police to maintain law and order in the islands but it is a specialised branch having trained in sea-faring skills and also trainied personnel for intelligence collection. These specialised duties are normally lacking in the ordinary police force. There is nothing to indicate that Lakshadweep police is specially skilled as envisaged in the Coastal Security Scheme of the Ministry of Home Affairs, Government of India.
28. As the aforesaid scheme envisages a special selection for its personnel, it required creation of posts. Therefore, on the basis of Annexure A-1 note prepared by the then Superintendent of Police, Lakshadweep Administration for the purpose of creation of posts, the Union Ministry of Home Affairs vide Annexure A-2 sanctioned 140 different temporary posts under the Coastal Security Scheme which constitute the present personnel of the Coastal Police Force. Therefore, we have no hesitation to hold that the functions of Coastal Police and Local Lakshadweep Police are entirely different though they may be sharing the same police stations. Sea faring skills and intelligence collection being the hall mark of Coastal Police Force, a merger based on the decisions taken during the review meetings of the UT authorities without consulting the Union Ministry of Home Affairs obvious is an act defeating the Coastal Security Scheme of that Ministry having a larger concern for the whole of the country. It apperas to us that the decision taken in the aforesaid review meeting was guided only by the narrow local interest of enlarging the promotional scope of the Lakshdweep police.
29. With the Annexure A-2 sanction for creation of posts by the Union Ministry of Home Affairs,it became necessary for framing Recruitment Rules which indeed been done by the Administrator by notifying Annexure A3 rules having the status of a rule made under the proviso to Article 309 of the Constitution of India.
30. As noted above, power of the Administrator to frame rules eminates from Article 239 of the Constitution. Article 239 is the fountain-head of the power for the Administrator for the performance of his functions.
31. The question to be considered in this case is whether the Administrator can frame Rules in respect of the Coastal Protection Scheme without consulting the Union Ministry of Home affairs who has framed that Scheme for the whole of the sea coasts of the country? The answer, in our view is No. Article 239 clearly states that the Administrator is acting on behalf of the President of India. In other words, Union territory is administered by the President acting through an Administrator appointed by him. Therefore, when the Administrator is creating a statutory rule under Article 309 in relation to a matter which has been framed for the coastal belt of the whole nation and funded and guided by the scheme of Government of India, he has to obtain clear permission from the Government of India before tinkering with the conditions of service of a Police Force created under the Coastal Security Scheme (Annexure A-11).
32. Applicants allege that the scheme for amalgamation of both cadres i.e; the Lakshadweep Police Force and the Coastal Police Force originated during the review of Recruitment Rules for the executive posts under the Coastal Security System. The file noting obtained by the applicants of the said review meetings contains the comments and endorsement by different authorities based on the suggestions of Secretary (Home) of the Lakshadweep administration and finally the decision taken was endorsed by the Administrator. It is pertinent to read the file notings for understanding the reasons for such a move by the Lakshadweep administration. It reads:
'' (22) During the review of RR for the executive posts under Coastal Security Scheme. It was suggested by the Secretary (Home) to decide whether the Police Department should have common cadre of local police and Coastal Police or may be different cadre for local police and coastal police. It is therefore, requested to find out decision of one of the above mentioned system so that RR could be amended and vacant posts under Coastal Security Scheme can be filled.
(23) Para above. There is dare necessity of reviewing the R/R of the Coastal police in view of the following reasons.
1. The entire police force of Lakshadweep comes under the controlling authority of the SP.
2. Assigning of separate ranks to the Lakshadweep Police and the Coastal Police will lead to huge anomalies in future. For instance, a police constable in Lakshadweep might be granted a promotion after 15 to 20 years where as a police constable who has rendered very short service in Costal Police might get a promotion year before a senior most person. This may lead to total chaos. Such a set up will further worsen when it comes to promoting to higher ranks.
3. The nature of duties, allowances etc. are very much the same.
Considering the discipline and decorum safeguarding the seniority of the police personnel, it is highly expedient to maintain uniformity. So the afore mentioned aspects substantiates the implementation of a common cadre. For Kind perusal please.''
33. We are of the view that the officials of Lakshadweep administration involved in Annexure A-10 file noting have acted with out consulting the Government of India which had set up the Coastal Police Force under Annexure A-11 Scheme. Its funding also comes from the Central Government. Therefore, in our view, Annexure A-6 Revised recruitment rules notified as a result of Annexure A-10 file noting has been without proper authority on the part of the Administrator of Union territory of Lakshadweep .
34. Therefore, in the light of the above discussion, we feel that the revised Recruitment Rules of 2012 notified vide Annexure A-6 requires to be quashed and set aside. We do so. We make it clear that after having obtained written sanction from the Ministry of Home Affairs, Government of India, the Administrator is free to re-notify Annexure A- 6 Revised Recruitment Rules, provided the Ministry of Home Affairs , Government of India to agrees to the same. As some recruitment process has already been done in pursuance of Annexure A-6 Recruitment Rules and as a good number of people are affected by this, we direct the Administrator of Union territory of Lakshadweep to take up the matter with the Ministry of Home Affairs, Government of India as expeditiously as possible and seek permission to re-notify the same with the approval of the letter as Annexure A-6 inarticulately contemplates merger of Coastal Police Force created under the Union Home Ministry's scheme with already existing Police Force of the Union territory of Lakshadweep.
35. These Original Applications are disposed of as above, with the above directions. No costs.
(E.K.BHARAT BHUSHAN) (U.SARATHCHANDRAN)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
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Original Application No.181/01042/2016:
List of Applicant's Annexures
Annexure A-1 - True copy of communication bearing
F.No.6/8/SB/2005-Pol (Part.I)/75 dated 09.02.2007 issued by the Superintendent of Police of the Union Territory of Lakshadweep Annexure A-2 - True copy of order bearing No. U-14014/9/2006-ANL dated 08 May 2008 issued by the Ministry of Home Affairs.
Annexure A-3 - True copy of the Lakshadweep Coastal Security (Group C posts) Recruitment Rules, 2008 published by the 1st respondent under F.No.16/2008-Estt(Pol)Vol.II dated 11 Nov 2008.
Annexure A-4 - True copy of Office Order bearing F.No.1/6/2010- Estt(Pol) dated 29.05.2010, issued by the 3 rd respondent.
Annexure A-5 - True copy of Office Order bearing F.No.1/7/88- Estt(Pol)/3861 dated 23 Aug 2011, issued by the 3 rd respondent.
Annexure A-6 - True copy of the Notification bearing F.No.1/3/2011- Estt.Pol dated 26.09.2012 called Lakshadweep Police (Group 'B'and Ç'posts) Revised Recruitment Rules, 2012 issued from the office of the 1st respondent. Annexure A-7 - True copy of the order bearing F.No.1/11/2011-Estt.
(Pol) dated 29 May 2015, issued from the office of the 3rd respondent.
Annexure A-8 - True copy of message dated 07.06.2016 sent through the Police Wireless/Fax Annexure A-9 - True copy of Results of the examination communicated in F.No.1/18/2013-Estt(Pol)/3916 dated 19.09.2016 from the office of the 3rd respondent.
Annexure A-10 - True copy of the documents collected material for adjudication of the issues involved in the OA Annexure A-11 - True copy of the extract of the Coastal Security Scheme as published by the Government of India, Ministry of Home Affairs Annexure A-12 - True copy of Reference Note bearing No.29/RN/Ref/Nov/2013 titled, ''Coastal Security'', published as a Reference Note for the use of the Members of Parliament.
List of Respondent's Annexures Annexure R-1(a) - True copy of the Recruitment Rules published in the Lakshadweep Gazette.
Annexure R-1(b) - True copy of the Minutes of the meetings held on 14.09.2012, 19.09.2012 and 25.09.2012 (relevant portion) Annexure R-1(c) - True copy of Minutes of the Recruitment Rule Committee approved by the then Administrator as per Diary No. 3051 dated 26.09.2012 Annexure R-1(d) - Copy of the Seniority list for Constables including the Constables recruited till 2006 published in the Lakshadweep Police Force in the year 2011.
Annexure R-1(e) - True copy of the Office Order F.No.1/6/2010-Estt (Pol) dated 29.03.2010.
Annexure R-1(f) - True copy of the office order F.No. 1/30/2010-Estt(Pol)/ 2219 dated 4.06.2011.
Annexure R-1(g) - True copy of order F.No. 1/17/2012 - Estt (Pol) dated 20.2.2014.
Annexure R-1(h) - True copy of the Coastal Security Scheme formulated by the Government of India, Ministry of Home Affairs. Annexure R-1(i) - True copy of the reference note of the Coastal Security.
Original Application No.181/00784/2017 List of Applicant's Annexures Annexure A-1 - True copy of O.A. No. 181/723/2/2017 application filed by the applicant before this Hon'ble Tribunal. Annexure A-2 - True copy of the order passed by this Hon'ble Tribunal dated 28.08.2017 in Annexure A1 application. Annexure A-3 - A true copy of the representation by the applicant made to the 2nd respondent.
Annexure A-4 - True copy of the order dated 13.09.2017 issued by the 2nd respondent.
Annexure A-5 - A true copy of the order dated 08.03.2017 passed by this Hon'ble Tribunal in O.A. No. 181/00076/2015. Annexure A-6 - True copy of the order dated 05.10.2016 passed by this Hon'ble Tribunal in O.A. 181/723/2016. Original Application No.181/00076/2015 List of Applicant's Annexures Annexure A-1 - True copy of the proceedings F.No. 1/11/78 Estt (Pol) dated 19.09.1978 provisionally posting the 1 st applicant as Police Constable.
Annexure A-1(a) - True copy of the proceedings F.No. 1/11/78 Estt (Pol) dated 23.09.1978 provisionally posting the 2 nd applicant as Police Constable.
Annexure A-2 - True copy of the proceedings of the 1 st respondent No. 1/11/78 Estt (pol) dated 14.06.1979 appointing the 1 st and 2nd applicants after completion of training. Annexure A-3 - Seniority List of Head Constables (Final) of the 1 st respondent Annexure A-4 - Order F.No. 1/2/2012 Estt (Pol) Promote List of ASI In Lakshadweep Police of the 1st respondent dated 13.08.2015 Annexure A-5 - True copy of the notification F.No. 1/3/2011 Estt (Pol) dated 26.09.2012 published in the Lakshadweep Gazette dated 08.10.2012 Annexure A-6 - True copy of the representation submitted by the 1 st applicant to the 1st respondent dated 1.07.2015. Annexure A-6(a) - True copy of the representation submitted by the 2nd applicant to the 1st respondent dated 3.07.2015. Annexure A-6(b) - True copy of the representation submitted by the 3 rd applicant to the 1st respondent dated 06.07.2015. Annexure A-7 - True copy of the office memorandum F.No.1/16/83- Estt(Pol) dated 03.03.2012 of the 1st respondent. Annexure A-8 - True copy of the order F.No. 1/9/2009/Estt (Pol) dated 05.01.2010 List of Respondent's Annexures Annexure R-1(a) - A true relevant extract of order F.No. 1/12/83-Estt (Pol)/695 dated 26.04.1984 Annexure R-1(b) - A true copy of the F.No. 1/9/84-Estt dated 16.11.2009 & order F.No.1/9/2009-Estt(Pol)/63, dated 05.01.2010 Annexure R-1(c) - A true copy of the promotion order F.No.1/8/84/Estt(Pol) dated 26.06.2010 Annexure R-1(d)Series:- True copies of the documents F.No.1/6/2008-Estt(Pol) dated 19.05.2009 & F.No.1/9/2009-Estt (Pol), dated 03.12.2009 Annexure R-1(e)Series- True copies of the documents communicating the unwillingness of the applicants to participate in the promotion test.
Annexure R-1(f) - A true copy of the O.M. F.No.1/16/83-Estt.(pol)/3195 dated 1st July 2010 Annexure R-1(g) - A true copy of the proceedings of the Departmental Promotion Committee dated 12.08.2015 Original Application No.181/00068/2017 List of Applicant's Annexures Annexure A-1 - True copy of order bearing No. U-14014/9/2006-ANL dated 08 May 2008 issued by the Ministry of Home Affairs.
Annexure A-2 - True copy of Lakshadweep Coastal Security (Group C posts) Recruitment Rules, 2008 published by the 1 st respondent under F.No.16/2008-Estt(Pol)Vol.II dated 11 Nov 2008.
Annexure A-3 - True copy of Office Order bearing F.No.1/6/2010-Estt (Pol) dated 29.05.2010 issued from the office of the 3 rd respondent.
Annexure A-4 - True copy of Office Order bearing F.No.1/7/88-Estt (Pol)/3861 dated 23 Aug 2011, issued by the 3 rd respondent.
Annexure A-5 - True copy of Notification bearing F.No.1/3/2011- Estt.Pol dated 26.09.2012 called Lakshadweep Police (Group 'B' and 'C' posts) Revised Recruitment Rules, 2012 issued from the office of the 1st respondent. Annexure A-6 - True copy of Results of the examination communicated in F.No.1/18/2013-Estt(Pol)/3916 dated 19.09.2016 from the office of the 3rd respondent.
Annexure A-7 - True copy of the documents collected material for adjudication of the issues involved in the OA. Annexure A-8 - True copy of Reference Note bearing No.29/RN/Ref/Nov/2013 titled, ''Coastal Security'', published as a Reference Note for the use of the Members of Parliament.
List of Respondent's Annexures Annexure R-1(a) - True copy of the Recruitment Rules published in the Lakshadweep Gazette.
Annexure R-1(b) - True copy of the Minutes of the meetings held on 14.09.2012, 19.09.2012 and 25.09.2012 (relevant portion) Annexure R-1(c) - True copy of Minutes of the Recruitment Rule Committee approved by the then Administrator as per Diary No. 3051 dated 26.09.2012 Annexure R-1(d) - Copy of the Seniority list for Constables including the Constables recruited till 2006 published in the Lakshadweep Police Force in the year 2011.
Annexure R-1(e) - True copy of the Office Order F.No.1/6/2010-Estt (Pol) dated 29.03.2010.
Annexure R-1(f) - True copy of the office order F.No. 1/30/2010-Estt(Pol)/ 2219 dated 4.06.2011.
Annexure R-1(g) - True copy of order F.No. 1/17/2012 - Estt (Pol) dated 20.2.2014.
Annexure R-1(h) - True copy of the Coastal Security Scheme formulated by the Government of India, Ministry of Home Affairs. Annexure R-1(i) - True copy of the reference note of the Coastal Security.
Original Application No.181/00066/2017 List of Applicant's Annexures Annexure A-1 - True copy of order bearing No. U-14014/9/2006-ANL dated 08 May 2008 issued by the Ministry of Home Affairs.
Annexure A-2 - True copy of Lakshadweep Coastal Security (Group C posts) Recruitment Rules, 2008 published by the 1 st respondent under F.No.16/2008-Estt(Pol)Vol.II dated 11 Nov 2008.
Annexure A-3 - True copy of Office Order bearing F.No.1/6/2010-Estt (Pol) dated 29.05.2010 issued from the office of the 3 rd respondent.
Annexure A-4 - True copy of Office Order bearing F.No.1/7/88-Estt (Pol)/3861 dated 23 Aug 2011, issued by the 3 rd respondent.
Annexure A-5 - True copy of Notification bearing F.No.1/3/2011- Estt.Pol dated 26.09.2012 called Lakshadweep Police (Group 'B' and 'C' posts) Revised Recruitment Rules, 2012 issued from the office of the 1st respondent. Annexure A-6 - True copy of Results of the examination communicated in F.No.1/18/2013-Estt(Pol)/3916 dated 19.09.2016 from the office of the 3rd respondent.
Annexure A-7 - True copy of the documents collected material for adjudication of the issues involved in the OA. Annexure A-8 - True copy of Reference Note bearing No.29/RN/Ref/Nov/2013 titled, ''Coastal Security'', published as a Reference Note for the use of the Members of Parliament.
List of Respondent's Annexure Annexure R-1(a) - True copy of the Recruitment Rules published in the Lakshadweep Gazette.
Annexure R-1(b) - True copy of the Minutes of the meetings held on 14.09.2012, 19.09.2012 and 25.09.2012 (relevant portion) Annexure R-1(c) - True copy of Minutes of the Recruitment Rule Committee approved by the then Administrator as per Diary No. 3051 dated 26.09.2012 Annexure R-1(d) - Copy of the Seniority list for Constables including the Constables recruited till 2006 published in the Lakshadweep Police Force in the year 2011.
Annexure R-1(e) - True copy of the Office Order F.No.1/6/2010-Estt (Pol) dated 29.03.2010.
Annexure R-1(f) - True copy of the office order F.No. 1/30/2010-Estt(Pol)/ 2219 dated 4.06.2011.
Annexure R-1(g) - True copy of order F.No. 1/17/2012 - Estt (Pol) dated 20.2.2014.
Annexure R-1(h) - True copy of the Coastal Security Scheme formulated by the Government of India, Ministry of Home Affairs. Annexure R-1(i) - True copy of the reference note of the Coastal Security.
. . . . .