N K PANKAJAKSHAN NAIR Vs. P V JAYARAJ

JUDGEMENT

(1.) Leave granted.

(2.) These two appeals are directed against the Division Bench judgment of the Kerala High Court.

(3.) The question for consideration is whether under the statutory Rules the appellant has a right of consideration for promotion to the post of Deputy Superintendent of Police (DSP) and if so, whether that right can be taken away by an administrative order which is in the nature of a suggestion to the Government to exclude a particular category of people from consideration. The appellant is an Assistant Commandant in the District Armed Reserve Force. Prior to 1966, when the statutory recruitment Rules came into force, the State Government had issued an administrative order providing that in the category of DSP in the local police, not more than one out of eight vacancies should be filled up by transfer from amongst the Assistant Commandants of the District Armed Reserve and Armed Police Battalion. The statutory Rules framed under proviso to Article 309 of the Constitution of India came into force on 14th of June, 1966 and was called the ' Special Rules for the Kerala Police Service'.