YOOSUFKUNJU Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was the applicant in O.A. No. 1585 of 1997 before the Central Administrative Tribunal, Ernakulam Bench hereinafter called the 'Tribunal'. Tribunal rejected the prayer of the petitioner to declare that respondents 5 to 8 are not entitled to seniority and rank over the petitioner for the purpose of selection and appointment to Indian Police Service.

(2.) A combined provisional seniority list of officers of the three wings (General Executive, AP En and AR) who had completed 8 years of service and the rank of Dy. Superintendent of Police/Assistant CMTs as on 31.3.1997 was published. Petitioner figured as Sl. No. 15 and date of assumption of charge as Dy. SP/equal post was notified as 14.9.1984 in the list. Sixth respondent figured as Sl. No. 59 and the date of assumption of charge as Dy. SP/equal post ie., Assistant Commandant was notified as 27.7.1988. Objections were called for against the list. Sixth respondent and others filed their objections. Sixth respondent in his objection filed on 8.10.1997 stated that he was promoted as Assistant Commandant, equivalent post of Dy. Superintendent of Police, with effect from 8.3.1983 and that he had completed the probation on 24.9.1987 and that he was confirmed as Assistant Commandant with effect from 24. 9.1987 and his service as Assistant Commandant was regularised with effect from 8.3.1983 vide order G. O. (Rt) No. 454/93/Home dated 27.1.1993. He therefore wanted fixation of his seniority in the list from the date of regularisation of service as Assistant Commandant from 8.3.1983.

(3.) Sixth respondent and one S. Gopinath who were included in the select list of Reserve Inspectors of Police (C.I.) in 1976 were appointed in November, 1976. Their appointments were later regularised. By proceeding No. 929/92 dated 12.10.1992, sixth respondent and Gopinath were declared to have satisfactorily completed their probation in the cadre of Reserve Inspector of Police with effect from 10.12.1978. By G.O. (Rt.) No. 453/93/Home dated 27.1.1993, sixth respondent and Gopinath were regularised as Assistant Commandant with effect from 8.3.1983 in which sixth respondent's rank was 7 and that of Gopinath was 8. For selection to Indian Police Service for the year 1995-96 sixth respondent was not considered. However Gopinath, who was regularised along with sixth respondent with effect from 8.3.1983 was selected to Indian Police Service for the year 1995-96. In the case of Gopinath, in fact, an objection was raised at that time that his name should not be sent up for consideration of IPS since he did not have eight years of regular service as Assistant Commandant. Gopinath then filed O.P.No. 19644 of 1996 for a direction to the authorities to include his name also for selection to the Indian Police Service treating his service in the cadre of Assistant Commandant from 8.3.1983 as qualifying service. Reference was also made to the case of one M. T. Philip who had filed O. P. No. 14317 of 1996 before this Court claiming the benefit of notional date of promotion as Assistant Commandant, which was allowed. This Court accordingly accepted the prayer of Gopinath also in the light of the above mentioned judgment and passed an interim order on 20.12.1996 directing the authorities to consider the name of Gopinath also for selection to Indian Police Service treating his service in the cadre of Assistant Commandant with effect from 8.3.1983 as regular qualified service. Claim of Gopinath was accordingly considered for selection to I.P.S. and was selected. Writ Petition filed by Gopinath was ultimately allowed by this Court on 31.3.1998.