GOPINATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was first appointed as Sub Inspector in the Armed Reserve on 4.12.1975. He was promoted as Inspector on 1.9.1982. He was promoted as Assistant Commandant on 25.1.1986. The Post of Assistant Commandant is equivalent to the post of Deputy Superintendent of Police in the general wing. As per Ext. P1 order dated 27.1.1993, the temporary promotions of ten Assistant Commandants including the petitioner were regularised. Thus, the petitioner's promotion was regularised with effect from 8.3.1983. He satisfactorily completed the probation with effect from 8.3.1985. By Ext. P2 order dated 5.4.1994, the petitioner was confirmed against the vacancy which occurred on 8.3.1984. Ext. P3 is the seniority list of Deputy Superintendent of Police as on 1.1.1988. Since Exts. P1 and P2 were passed only in 1993 and 1994 respectively, the petitioner's name was not included in the above seniority list. According to the petitioner he was entitled to be included between serial Nos.54 and 55. Serial No. 54 A.S. Soman has got the date of regularisation as 1.1.1983 and serial No. 55 M.A. Ramankutty has got the date of regularisation as 21.10.1983. The petitioner who has got the date of regularisation as 8.3.1983 has to be fit in between serial Nos. 54 and 55.

(2.) The petitioner's claim was not considered for promotion to the Indian Police Service, Therefore, he filed a representation. The above representation was disposed of by Ext. P5. In Ext P5 it was stated as follows: Though the petitioner was regularised with effect from 8.3.1983, he had continuous service as Assistant Commandant only from 25.1.1986. Therefore the petitioner's name cannot be placed above those who have long continuous service in the category of Deputy Superintendent of Police or its equivalent. The petitioner was further informed that his turn had not come before the 1994-95 and 1995-96 selection committee.

(3.) Pursuant to an interim order passed by this Court, the petitioner's name was considered by the Selection Committee and he was selected to the Indian Police Service. He was also appointed to a cadre post under R.9 of the IPS (Cadre) Rules. Thereafter he was regularly appointed by notification issued by the Government of India.