LAWS(KER)-1996-3-75

PANKAJAKSHAN Vs. STATE

Decided On March 05, 1996
PANKAJAKSHAN Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The prayer in this original petition is for the issuance of the writ of certiorari to quash Ext. P. 10 letter of the first respondent and for the issuance of a writ of mandamus compelling the respondents to transfer the petitioner from the post of Asst. Commandant in the Armed Reserve to the post of Deputy Superintendent of Police, General Executive with effect from the date of giving his willingness on 29.7.1991.

(2.) The petitioner, a graduate was appointed by direct recruitment to the post of Sub Inspector of Police, District Armed Reserve through the Kerala Public Service Commission. He was promoted as Reserve Inspector of Police on 3.2.1987 and as Assistant Commandant of Police on 24.9.1991. Now, the petitioner is working as Asst. Commandant, Armed Reserve, Ernakulam Rural, Kalamassery.

(3.) The first respondent, State of Kerala, issued Ext. P1 G. O. dated 19.7.1962 providing for the transfer of personnel from District Armed Reserve and Armed Police Battalion to the Local Police as Deputy Superintendents of Police after consultation with the third respondent Kerala Public Service Commission. The Commission has granted its concurrence to the orders already issued and to the proposal to make provision for the transfer of Asst. Commandants as Deputy Superintendents of Police in the Local Police, subject to the condition that the Commission should be consulted regarding the transfer of Sub Inspectors, Inspectors of the Armed Reserve and Armed Police Battalions to the Local Police and vice versa and for the transfer of Asst. Commandants of the District Armed Reserve and Armed Police Battalions to the Local Police as Deputy superintendents of Police. Clause (d) of Ext. P1 provided that not more than one out of every eight vacancies in the category of Deputy Superintendent in the Local Police shall be reserved to be filled in by transfer from among the Asst. Commandants. The Govt. framed Ext. P2 Special Rules for Kerala Police Service in exercise of the powers conferred under Art.309 of the Constitution of India. Category I of 'Branch I General' under R.2 of Ext. P2 deals with method of appointment of Deputy Superintendents of Police including Vice-Principal of the Police Training College. The method of appointment is by direct recruitment or by promotion from among Circle Inspectors or by appointment from among the Asst. Commandants and so on. Note to R.2 dealing with appointment provides as follows: