SHOWKATH ALI A . P. Vs. STATE OF KERALA

JUDGEMENT

(1.) Main prayer in O.P. No. 31168 of 2001 is for quashing Ext.P6 order issued by the first respondent granting exemption to 37 Assistant Sub Inspectors of Police from passing Departmental test invoking Rule 39 of the Kerala State and Subordinate Services Rules, 1959 (hereinafter referred to as "K.S.& S.S.R.")- Petitioners also seek to quash Exts.P10 and P11, provisional and final seniority lists of Sub Inspectors of Police, to the extent it gives seniority to the Assistant Sub Inspectors of Police over the directly recruited Sub Inspectors of Police. A direction to the respondents to prepare a fresh seniority list of Sub Inspectors of Police and a select list of Sub Inspectors of Police for promotion to the post of Circle Inspectors of Police on that basis was also sought for.

(2.) Petitioners are directly recruited Sub Inspectors of Police. On 20-8-1988 the first respondent made a requisition to the Kerala Public Service Commission for recruitment of Sub Inspectors of Police, based on which applications were invited in 1991, to which the petitioners responded. On conclusion of the selection process a rank list was published on 13-10-1994 and the petitioners were assigned rank Nos. l, 59, 137, 31 and 173 respectively. Thereafter, they were advised for appointment on 4-1-1995 and eventually by Ext. P1 dated 5-4-1995, 189 candidates in the rank list, including the petitioners, were appointed. They completed practical training and were posted as Sub Inspectors of Police (on probation) on 12-4-1997 and their probation was declared with effect from 12-4-1997 and Ext.P2 is the order dated 10-3-2000 declaring probation of the first petitioner. They passed Departmental test conducted by the Kerala Public Service Commission and became eligible for promotion as Circle Inspectors of Police after having completed six years service in terms of Rule 4(1)(b) of Ext.P3 Special Rules.

(3.) The sixth respondent issued Ext.P4 for special recruitment of Scheduled Caste/Scheduled Tribes to the post of Assistant Sub Inspectors of Police and pursuant thereto, 37 persons were recruited. Kerala Public Service Commission on 11-5-1988 advised those candidates and they were thereafter appointed. Although they had not completed their probation or passed the Departmental test, they were promoted to the post of Sub Inspectors of Police during May, 1993. According to the petitioners, by Ext.P5, Government had ordered that those entered service after 1-1-1986 are not entitled to get exemption from passing the Departmental test and despite Ext.P5, Government issued Ext.P6 dated 17-11-2000 invoking Rule 39 of the General Rules exempting 37 Assistant Sub Inspectors of Police from passing the Departmental test prescribed under the Special Rules. According to the petitioners, Ext.P6 is also against Rule 13AA of the General Rules. Thereafter, the second respondent issued consequential orders as per Ext.P7 directing declaration of their probation and to sanction consequential benefits. It is stated that based on Exts. P6 and P7 Assistant Sub Inspector of Police were assigned seniority over the petitioners and that Exts. P10 and P11 provisional and final seniority lists indicate that they were promoted as Sub Inspector of Police on 15-5-1993 and regularized with effect from 1-3-1991. They also complain that the appointments made are also in violation of Ext. P8 circular fixing the ratio 2:1 between the direct recruitees and promotes to the post of Sub Inspectors of Police. It is in the above background that the petitioners are seeking to have Exts. P6, P10 and P11 quashed and recast the seniority and prepare a fresh select list for promotion to the post of Circle Inspectors of Police.