Kerala High Court
Sandeep Vm vs Union Of India on 5 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
OP (CAT).No.219 OF 2020
AGAINST THE ORDER DATED 29.5.2020 IN OA 207/2020 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/PETITIONER:
SANDEEP VM
AGED 56 YEARS
S/O. K.VEERAMANI IYER, RETIRED SUPERINTENDENT OF
POLICE, KERALA STATE HUMAN RIGHTS COMMISSION,
THIRUVANANTHAPURAM-695 033, RESIDING AT TC 24/505,
SREE VIHAR, THYCAUD, THIRUVANANTHAPURAM-695 014,
BY ADVS.
SRI.R.SREERAJ
SMT.REKHA VASUDEVAN
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES & PENSIONS, DEPARTMENT OF PERSONNEL
& TRAINING, NORTH BLOCK, NEW DELHI-110 012
2 THE SECRETARY TO GOVERNMENT,
MINISTRY OF HOME AFFAIRS, NEW DELHI-110 012
3 UNION PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, SHAJAHAN ROAD,
NEW DELHI-110 069
4 SELECTION COMMITTEE FOR INDIAN POLICE SERVICE
REPRESENTED BY CHAIRMAN, UNION PUBLIC SERVICE
COMMISSION, SHAJAHAN ROAD, NEW DELHI-110 069
5 STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
6 STATE POLICE CHIEF,
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001
O.P (CAT) 219 of 2020
2
R1-R2 BY SRI.GIRISH KUMAR.V., CGC
R3-R4 BY SHRI.THOMAS MATHEW NELLIMOOTTIL,SC UPSC
SRI.T.RAJASEKHARAN NAIR, SR.GOVT.PLEADER
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 05.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P (CAT) 219 of 2020
3
ALEXANDER THOMAS & T.R.RAVI, JJ.
==================================
O.P (CAT) 219 of 2020
==================================
Dated this the 05th day of January, 2021
JUDGMENT
ALEXANDER THOMAS, J.
The prayer in the aforecaptioned Original Petition filed under
Article 227 of the Constitution of India is as follows :
".................. to direct the respondents to consider the petitioner for
appointment by promotion to the Indian Police Service for the
vacancies of the year 2020 notwithstanding his retirement from the
State Police Service on 31.5.2020."
2. Heard Sri.R.Sreeraj, learned counsel appearing for the
petitioner/applicant in the O.A, Sri.P.Vijayakumar, learned Assistant
Solicitor General appearing for respondent Nos.1 & 2, Sri.Thomas
Mathew Nellimoottil, learned Standing Counsel appearing for
respondent Nos.3 & 4 and Sri.T.Rajasekharan Nair, learned
Government Pleader appearing for respondent Nos.5 & 6.
3. The petitioner is aggrieved by the impugned Ext.P1 final
order dated 29.05.2020 rendered by the Central Administrative
Tribunal, Ernakulam Bench in O.A No.207/2020 to the limited extent it
does not direct the competent respondent authorities in considering the
O.P (CAT) 219 of 2020
claim of the petitioner for promotion to the Indian Police Service for the
year 2020. The impugned Ext.P1 order rendered by the Central
Administrative Tribunal, Ernakulam Bench in O.A No.207/2020, reads
as follows :
"Heard the learned counsel appearing for the parties through
video conferencing.
2. Learned counsel for the applicant Mr. Babu Joseph
Kuruvathazha appeared and submitted that the applicant is
presently holding the post of Superintendent of Police (Non-IPS)
attached to the State Human Rights Commission, Trivandrum and is
due for retirement on 31.5.2020. He has prayed for a declaration
that his retirement on superannuation from State Service may not
preclude his name being considered for promotion to IPS cadre
under the SCS quota for the years 2018, 2019 and 2020.
3. Notice. Mr. N. Anilkumar, SCGSC entered appearance on
behalf of respondents Nos. 1 & 2. Mr. Thomas Mathew Nellimoottil,
nodal counsel for UPSC entered appearance on behalf of respondents
Nos. 3 and 4 and submitted that the applicant is not eligible for the
current year 2020 as he is retiring in the month of May, 2020. Mr.
M. Rajeev, G.P entered appearance on behalf of respondents Nos.5 &
6 and submitted that they have no objection for the applicant to be
considered for selection and appointment in promotion quota for the
year 2018 and 2019 as long as a similar order to the order earlier
passed by this Tribunal in Annexures A3 & A4 is passed.
4. Accordingly, after hearing both sides we are of the view that
the OA can be disposed of at the admission stage itself by making it
clear that the retirement of the applicant from State Police Service
shall not preclude him from him considered for promotion to IPS
under the SCS quota for the years 2018 & 2019, if he is otherwise
eligible. Ordered accordingly.
5. The Original Application is disposed of as above. No order as to cost."
4. A reading of the impugned Ext.P1 order would make it clear
that the petitioner had contended that he was eligible to be considered
O.P (CAT) 219 of 2020
for appointment by promotion to the Indian Police Service, for the
selection years 2018, 2019 & 2020. The Tribunal has ordered that the
retirement of the petitioner herein from the State Police Service shall
not preclude from him being considered for promotion to the Indian
Police Service under the SCS quota for the years 2018 & 2019, if he is
otherwise eligible. As regards the claim of the petitioner that he is also
eligible for consideration of promotion for the year 2020, the said
factual plea of the petitioner has been recorded in paragraph No.3 of
Ext.P1 order. But the Tribunal has also recorded the opposition made
by the learned counsel appearing for the UPSC that the
petitioner/applicant is not eligible for the current year, 2020, as he is
retiring in the month of May, 2020. The petitioner would point out that
his date of birth is 24.05.1964 and the age of superannuation fixed in
the State Police Service is 56 years and that he completed the age of 56
years on 24.05.2020 and thereupon, he has superannuated from State
Police Service on 31.05.2020. Further, it is pointed out that an
incumbent, who is similarly situated as the petitioner, who has also
retired on 31.05.2020 from the State Police Service, has secured Ext.P6
final order dated 28.07.2020 rendered by the very same Tribunal (CAT,
O.P (CAT) 219 of 2020
Ernakulam Bench) in O.A No.250/2020, wherein it was directed that
the retirement of the said applicant from the State Police Service shall
not preclude consideration of his case for promotion in the IPS cadre for
vacancies of the years 2018, 2019 & 2020, if he is otherwise eligible, as
per the Rules and regulations in existence. Hence, the petitioner would
point out that the omission on the part of the Tribunal in also directing
in the impugned Ext.P1 order that the petitioner should also be
considered for the year 2020, if he is otherwise eligible, is illegal and
unreasonable.
5. The learned counsel for the petitioner has pointed out that
Regulation 5(3) of the Indian Police Service (Appointment by
Promotion) Regulations, 1955, which is a statutory regulation governing
the field and mandates that the Selection Committee shall not consider
the cases of members of the State Police Service, who have attained the
age of 56 years on the first day of January of the year in which it meets.
Further it is pointed out that a Proviso to the said Regulation stipulates
that a member of the State Police Service, who has attained the age of
56 years on the first day of January of the year, in which the Committee
meets, shall be considered by the Committee, if he was eligible for
O.P (CAT) 219 of 2020
consideration on the first day of January of the year or any of the years
immediately preceding the year in which such meeting is held, but could
not be considered as no meeting of the Committee was held during such
preceding year or years. It is pointed out that the only issue raised by
the petitioner is regarding the omission on the part of Tribunal for
giving directions for consideration of the claim of the petitioner for
promotion in the IPS cadre for the selection year 2020. According to
the petitioner, his date of birth is 24.05.1964 and he has superannuated
from State Police Service on 31.05.2020, as aforestated. If, as a matter
of fact, the date of birth of the petitioner as officially recorded in the
service record is 24.05.1964, then he had completed only 55 years
7 months and 7 days as on the cut-off date of 01.01.2020. In other
words, if the date of birth is as aforestated, then the petitioner has not
completed the upper age limit of 56 years as on the cut-off date of
01.01.2020, as far as the selection year 2020 is concerned. Further,
those aspects regarding the date of birth of the petitioner, etc. are
matters of fact to be ascertained by the competent state authorities
concerned.
6. In the light of the abovesaid aspects, this Court is of the
considered view that the Tribunal should have passed orders in the case
O.P (CAT) 219 of 2020
of the petitioner, as ordered in the similar case as per Ext.P6 order in O.A
No.250/2020. In that view of the matter, it is ordered that we uphold the
orders of the Tribunal at Ext.P1 to the extent it orders that the retirement of
the petitioner from the State Police Service shall not preclude from being
considered for promotion to the IPS under the State quota for the years 2018
& 2019, if he is otherwise eligible. However, we would order that the
retirement of the petitioner from the State Police Service shall not preclude
him from being considered for promotion to the IPS for the year 2020 as well,
if he is otherwise eligible. The impugned final order at Ext.P1 will stand
modified as aforedirected.
With these observations and directions, the above Original Petition
(CAT) will stand disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
T.R.RAVI, JUDGE
vgd
O.P (CAT) 219 of 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FINAL ORDER DATED
29.05.2020 IN OA NO.207 OF 2020 OF THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL,
ERNKAULAM BENCH
EXHIBIT P2 TRUE COPY OF THE ORIGINAL APPLICATION
NO.207 OF 2020 FILED BY THE PETITIONER
BEFORE THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNKAULAM BENCH ALOGN WITH
ANNEXURES
ANNEXURE-A1 TRUE COPY OFTHE REPORT OF TRANSFER OF
CHARGE DATED 10.7.2017 PURSUANT TO WHICH
APPLICANT ASSUMED THE POST OF
SUPERINTENDENT OF POLICE, STATE HUMAN
RIGHTS COMMISSION, THIRUVANANTHAPURAM
ANNEXURE-A2 TRUE COPY OF THE PROCEEDINGS NO.A1-
75425/2019/PHQ DATED 17.9.2019 OF THE
APPLICANT FOR APPOINTMENT BY PROMOTION TO
INDIAN POLICE SERVICE
ANNEXURE-A3 TRUE COPY OF THE INTERIM ORDER DATED
30.11.2015 IN OA NO.936/2015 OF THE
HON'BLE TRIBUNAL
ANNEXURE-A4 TRUE COPY OF THE INTERIM ORDER DATED
27.5.2019 IN OA NO.351/2019 OF THIS
HON'BLE TRIBUNAL
EXHIBIT P3 TRUE COPY OF THE GUIDELINES
F.NO.4/3/2005-AIS OF THE UPSC ALL INDIA
SERVICES BRANCH
EXHIBIT P4 TRUE COPY OF THE FINAL ORDER DATED
19.8.2020 IN OA 351/2019 ON THE FILE OF
THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
O.P (CAT) 219 of 2020
EXHIBIT P5 TRUE COPY OF THE FINAL ORDER DATED
4.8.2020 IN OA 348/2020 ON THE FILE OF
THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
EXHIBIT P6 TRUE COPY OF THE FINAL ORDER DATED
28.7.2020 IN OA 250/2020 ON THE FILE OF
THE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
