RAMESH RANGASHAMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these writ petitions are preferred against the common Order passed by the Central Administrative Tribunal, Bangalore Bench, on Applications No. 471/2010, 443/2010, 486/2010, 41/2011, 54/2011, 289/2011 and 294/2011. Therefore, they are taken up for consideration together and disposed off by this common order.

(2.) The State of Karnataka issued Government Order No. DPAR 115 SPS 2010 dated 01.10.2010 by exercising its power under Regulation 2(1)(j)(ii) of the IPS Regulations declared that the other police services constituted by the State Government viz., Police Wireless, Karnataka State Reserve Police and Karnataka Armed Police and the officers in there auxiliary units not below the grade of Dy.Sp. viz., (i) Deputy Superintendent of Police (Wireless), (ii) Assistant Commandant (KSRP) and (iii) Deputy Superintendent of Police (Armed) in these units are equivalent to that of Deputy Superintendent of Police (Civil) i.e. Principal Police Service for the purposes of promotion to IPS for the vacancies available for the year 2009 only, subject to their satisfying the conditions mentioned in the said Government Order. The applicants preferred Application No. 471/2010 challenging the said Government Order on the ground that the said equivalence is issued on the basis of a letter to the Hon'ble Governor of Karnataka dated 26.05.2010. It is ultravires the provisions of Regulation 2(1)(j)(ii) of the IPS Regulations. Then, they have referred to in the application the proceedings of various committees constituted by the Government to consider the equivalence and how such recommendations made earlier also were subsequently withdrawn. They contend that the impugned Order is the result of total non-application of mind in examining the matter as provided under Regulation 2(1)(j)(ii) of the IPS Regulations. Without recording the reasons, it has equated the Auxiliary Police Service to the Principal Police Service by issuing the impugned order which is wholly illegal and arbitrary. Therefore, they sought for quashing of the same. In fact, the police officers belonging to the auxiliary services also preferred Application No. 443/2010 and 41 and 54/2011 challenging Condition Nos. 2 and 3 stipulated in the said Government Order on the ground that they are arbitrary and impossible of performance and therefore, the said two conditions are to be struck down. During the pendency of the said applications, the Government passed an order dated 21.07.2011 withdrawing the Government Order dated 01.10.2010. Aggrieved by the said order, O.A. No. 294/2011 as well as O.A. No. 289/2011 are preferred by the police officers belonging to the auxiliary service.

(3.) The State filed its counter. They contend the number of vacancies in IPS promotion quota available as on 01.01.2010 are seven. Only five eligible officers of civil services are available for promotion to IPS against vacancies available in the year 2009. The present eligible officers are less than the available vacancies. As per the rules, for seven vacancies, the Government can send names of 21 eligible officers in the ratio of 1:3. But only five eligible in civil unit Officers are available who fulfill eligibility criteria for promotion to IPS. Therefore, on re-consideration of the entire matter relating to promotion of officers of non-civil police unit to the IPS, the Government took a view that the shortage of Civil Police Officers faced by the Government can be covered by including the officers of non-civil police units for promotion to IPS as recommended by Dr. P.S. Ramanujam Committee in the year 2000. Accordingly, the Government decided to declare the Auxiliary Police units as equivalent to Principal Police Services, i.e., Civil Services for the purpose of considering them for promotion to IPS along with the officers of the Civil unit. As per Rule 2(1)(j) of the IPS Regulations, the State Police Service for the purpose of promotion to IPS also includes any other below constituted police service in a State which is declared by State Government to be equivalent to police sub-division charge, i.e., Deputy Superintendent of Police (Civil) Post. Then, they have set out the procedure prescribed in the regulations for consideration for promotion to IPS which is not relevant for the purpose of this case. Then, they contend the rules give extensive powers to the State Government to declare any police service unit as equivalent to Principal Police Service (Civil Police) for the purpose of promotion to IPS, the officers of the non-civil police units are not below the rank of Deputy Superintendent holding charge of sub-division of a district and fulfils the eligibility criteria stipulated under the rules. Generally, the selection of State Police Service to IPS under the regulations against the IPS promotion quota as made from among eligible officers of the Civil Police Service (Principal Police Service). In the year 1991, Government Order dated 23.12.1991 was issued declaring the posts of Dy.S.P (Wireless), Assistant Commandant, KSRP and Dy.S.P (Armed) as equivalent to Dy.S.P (Civil) to facilitate inclusion of eligible officers of those auxiliary police service units also in the eligibility list for promotion to the IPS. Based on the said equivalence, one officer from each KSRP and Wireless Units was considered and selected to the IPS under the regulations. Subsequently, after receiving letters from the then D.G and I.G.P of rank of the officers of the Civil Police, who confine the selection of officers to Civil Police, the Government issued a Government Order dated 18.07.1996 and thereafter, selection to IPS have been made only from among eligible officers of Civil Police Service. There were representations from officers on auxiliary police units to improve their service conditions such as recruitment method, promotion, seniority and also to consider them for inclusion in the eligibility list for promotion to IPS as shown in the year 1991. The committee headed by Sri. P.S. Ramanujam, the then A.D.G.P., was appointed. It has submitted its report to the Government on 22.06.2000. The said committee report was examined by the Committee constituted for the said purpose headed by the Chairmanship of Additional Chief Secretary to the Government on 25.09.2009, the selected officers of the Home Department and DPAR and a decision was taken that there was no necessity for inclusion of senior officers for being considered for promotion to IPS. However, when the number of eligible officers was less than the available vacancies, on re-consideration of the entire matter relating to promotion of officers of non-civil police units of the IPS, the Government took a view that the shortage of civil police officers faced by the Government can be covered by including the officers of non-civil police unit as recommended by Dr. P.S. Ramanujam Committee in the year 2000. Accordingly, the Government decided to declare the auxiliary police units as equivalent to Principal Police Service, i.e., Civil Service for the purpose of promotion along with the officers of the units. Thus, the Government Order dated 01.10.2010 came to be issued. Therefore, they contend, the said order is legal and valid.