Kerala High Court
P. V. Haridasan vs State Of Kerala on 28 May, 2024
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
RP NO. 320 OF 2024
AGAINST THE JUDGMENT DATED 13.09.2023 IN OP(KAT) NO.77 OF
2023 OF HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENT:
P. V. HARIDASAN, AGED 55 YEARS, S/O. VASUDEVAN
NAIR, HAVILDAR NO. 3215, KAP 2ND BATTALION,
MUTTIKULANGARA, PALAKKAD : 678 594, CURRENTLY
RESIDING AT: 'HARITHAM'., KAPILPPARA, MUNDUR
P.O, PALAKKAD, PIN - 678 592
BY ADVS.
JINSON OUSEPH
S.VIJAYAN
V.PRINCE DEV
C.RAJESWARA KUMAR
CHITRA VIJAYAN
BASIL MECHERY
NIMISHA GEORGE
AMALENDU N.S.
RESPONDENTS/PETITIONER:
1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL
CHIEF SECRETARY IN CHARGE OF HOME & VIGILANCE,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, KERALA, PIN - 695 001
2 STATE POLICE CHIEF, POLICE HEAD QUARTERS,
VELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA, PIN -
695 010
3 ADDITIONAL DIRECTOR GENERAL OF POLICE, ARMED
POLICE BATTALION, ARMED POLICE BATTALION
HEADQUARTERS, PEROORKADA, THIRUVANANTHAPURAM,
PIN - 695 005
R.P. No.320 of 2024
..2..
4 COMMANDANT, KERALA ARMED POLICE 2NDBATTALION,
MUTTIKULANGARA, PALAKKAD, PIN - 678 594
5 SHRI. AJITHKUMAR, ARMED POLICE SUB INSPECTOR
(GEN. NO. 6374 OF SAP), SBCID SECURITY WING,
SBCID HEADQUARTERS, PATTOM, THIRUVANANTHAPURAM,
PIN - 695 004
A.J. VARGHESE SR GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
R.P. No.320 of 2024
..3..
ORDER
A. Muhamed Mustaque, J.
This review petition is filed by the respondent in the
original petition. The main contention of the review petitioner
is that he originally opted the Kerala Civil Police Service
through a By-transfer appointment as there is no Direct
Recruitment. According to him, there is no Direct Recruitment
in Kerala Civil Police and the only method of appointment is
through by-transfer appointment. We interpreted Rule 8 of
KS&SSR in the light of Note 1. It is specifically referred to in
Note 1 that it is only in the case of an invitation or willingness
sought by the Government, that the seniority can be reckoned
in the parent cadre, when such a Government Servant intends
to repatriate back to the parent cadre. In the light of the
interpretation, there is no public exigency and we may not be
able to justify in reviewing the judgment.
The review petitioner has a case that by-transfer was
made in the light of G.O (P) No.377/1962 Home dated
..4..
1907/1962. We make it clear that this issue was decided
based on Rule 8 of KS&SSR and not on the basis of
Government Order. We have only referred the Government
Order in the light of the reply statement filed by the State
Government. Whether the Government Order is applicable or
not is a matter to be decided in appropriate case. Thus, the
review petition is dismissed with the observations as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
PR
..5..
PETITIONER EXHIBITS
Exhibit R2 TRUE COPY OF THE APPLICATION DATED
30.03.2024 UNDER RTI ACT SUBMITTED BY
THE COUNSEL FOR THE PETITIONER
Exhibit R2(a) TRUE COPY OF THE REPLY DATED
30.04.2024 UNDER RTI ACT BY THE STATE
PUBLIC INFORMATION OFFICER AND DYSP
(NRI CELL), POLICE HEADQUARTERS,
THIRUVANANTHAPURAM
