SIMON LUCKOSE Vs. D S P KOTTAYAM

JUDGEMENT

(1.) Same questions arise for consideration in these petitions. Therefore, I consider it advantageous to dispose of them by a common judgment.

(2.) For a proper understanding of the dispute some facts have to be stated. The Police force in the State is organised into the 'local police' and the 'Armed Police'. The Armed police is bifurcated into "Armed Police Battalion", hereinafter referred to as "The Battalion" and the "District Armed Reserve", hereinafter referred to as "the Armed Reserve". The recruitment to the above categories was outside the purview of the Public Service Commission (Consultation) Regulations. All posts in the police department below the rank of Sub Inspector of Police except the clerical staff were taken out of the Kerala Public Service Commission (Consultation) Regulations. Recruitment and conditions of service of constabulary were governed by executive rules till 1980. The Battalion, Armed Reserve and the Local Police were previously treated as independent units for purposes of appointment, promotion etc. Later, the personnel in the Battalion were permitted to opt for transfer to the Armed Reserve after a period of service in the Battalion. Similarly, the men in the Armed Reserve were given option to be transferred to the Local Police after completing a minimum service and on passing the Catechism test. It was also provided that a transferee to a new unit will be ranked as junior-most in the transferred unit. Thus, a transferee from the Battalion would be to the Junior-most in the constabulary of the Armed Reserve. Such transferees had no occasion to pass Catechism test which was obligatory for inclusion in the waiting list for transfer to the 'Local Police' because that test was not part of the training in the battalion, whereas it was one such in the Armed Reserve. The result was that persons who were recruited earlier in the Battalion would not only become junior to the later recruits in the Armed - Reserve but may also have to wait still more since they would be assigned rank in the waiting list for transfer to the Local Police only after passing the Catechism test.

(3.) Recruitment to all posts below the rank of Sub Inspectors in the Police Subordinate Service was brought within the purview of the Public Service Commission in 1979. The method of appointment, qualifications etc. in respect of police constables in the Kerala Police Subordinate Service including the constables in the District Armed Reserve and the Battalion were laid down in the special rules issued in G.O. (MS) 16/80/Home dated 17-1-1980 (S.R.O. No. 82/80). It provided for direct recruitment to District Armed Reserve and to Armed Police Battalion. R.3 further stated that Armed Reserve and Battalion shall be separate units for purpose of recruitment. It is necessary to point out at this juncture that for the recruitment to the Armed Reserve as well as to the Battalion the qualification prescribed, method of recruitment and the recruiting agency are the same. The above rules did not make any provision regarding the fixation of seniority of persons directly recruited to the Armed Reserve vis-a-vis, those transferred to it from the Battalion. So, the rules were amended by G.O. (P) No. 125/80/ Home dated 26-12-1980 by incorporating two provisos to R.3. They are: