UNION PUBLIC SERVICE COMMISSION Vs. A MOHANAN

JUDGEMENT

(1.) The petitioners are the respondents 2 and 4 respectively, in the Original Application No. 396 of 2007, on the file of Central Administrative Tribunal, Ernakulam Bench, filed by the first respondent herein as the applicant.

(2.) This writ petition is filed challenging Ext. P1 order, dated 25/08/2008, passed by the Central Administrative Tribunal, which partly allowed the original application quashing the grading of 'Good' given by the selection committee to the applicant and also directed the Union Public Service Commission to re - assess the relevant service records of the applicant through a Review DPC. If the Review DPC results has any improvement in his gradings, the 1st and 3rd respondents therein, were directed to extend all consequential benefits to the applicant by creating a supernumerary post, without unsettling the selection and appointment of the candidates in the select list already notified on 07/11/2007. A time limit of three months was also given for completing the above exercise.

(3.) The brief facts stated are as follows. The applicant in the OA was working as a Superintendent of Police, Railways, Trivandrum, who belonged to the Kerala State Police Service. He joined the service as a Circle Inspector, later promoted as Deputy Superintendent of Police in 1996, and again as Superintendent of Police in the year 2003. He is eligible to be considered for appointment by promotion to the Indian Police Service by virtue of the provisions of the IPS (Appointment by promotion) Regulations 1955. He was included in the zone of consideration for the vacancies pertaining to the years 2002 to 2004, but he was not finally selected. He was also in the zone of consideration for the year 2006. But in the selection committee meeting met on 17/05/2007 for selection for the year 2006, the applicant was not selected by the Selection Committee of the UPSC. The selected names were notified by the Ministry of Home Affairs on 07/11/2007. Hence, the applicant, aggrieved by the denial of selection by the Selection Committee, filed the Original Application, seeking to declare that he is entitled to be included in the list of suitable officers for selection and appointment to the Indian Police Service, Kerala Cadre, for the year 2006, and for appointment to the Indian Police Service, Kerala Cadre; to set aside the selection and inclusion of the 6th respondent in the list of eligible officers for appointment by promotion to the Indian Police Service, Kerala Cadre, for the year 2006; to set aside Annexure - A27 notification dated 07/11/2007 issued by the first respondent, in so far as it relates to the appointment of the 6th respondent in the Indian Police Service, Kerala Cadre; and for other consequential reliefs.