Kerala High Court
State Of Kerala vs G.Vijayagopal on 14 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:51669
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
OP(KAT) NO. 63 OF 2019
AGAINST THE ORDER/JUDGMENT DATED 26.09.2018 IN OA
NO.438 OF 2018 OF KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS IN O.A:
1 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY IN
CHARGE OF HOME AND VIGILANCE, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.
2 THE ADDITIONAL CHEIF SECRETARY,
IN CHARGE OF HOME AND VIGILANCE AND CONVENER DPC
(H), GOVERNMENT OF KERALA, SECRETARIAT,
THIURVANANTHAPURAM, PIN 695 001.
3 STATE POLICE CHIEF AND CONVENER,
DEPARTMENT PROMOTION COMMITTEE (LOWER ),
POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM PIN 695 010
BY ADV SR.GOVERNMENT PLEADER - A.J VARGHESE
RESPONDENT/APPLICANT IN O.A:
G.VIJAYAGOPAL,
AGED 55 YEARS
S/O GOPALAKRISHNAPILLA, RESERVE INSPECTOR OF
POLICE, DISTRICT ARMED RESERVE, RAMAVARMAPURAM,
THRISSUR, PIN 680 631.
OP(KAT) NO. 63 OF 2019
2
2025:KER:51669
CURRENTLY RESIDING AT
HEAVENLY VILLAS, 23, KUTTOOR,
PAAMBOOR, THRISSUR, PIN 680 013,
CELL NO. 9061819129
BY ADVS.
SRI.JINSON OUSEPH
SRI.S.VIJAYAN
SRI.V.PRINCE DEV
SMT.CHITRA VIJAYAN
SRI.C.RAJESWARA KUMAR
SHRI.BASIL MECHERY
SHRI.NIMISHA GEORGE
SMT.AMALENDU N.S.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 14.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(KAT) NO. 63 OF 2019
3
2025:KER:51669
JUDGMENT
Dated the 14th day of July, 2025.
A.Muhamed Mustaque, J.
Having heard the learned Senior Government Pleader as
well as the learned counsel for the respondent, we find that even if
it is considered that the respondent was not entitled for the
promotion during the period when the penalty was in force,
admittedly, the penalty ceased to be in force after the period of
three years of imposition of the punishment in the year 2014. The
respondent retired on 30.06.2018. Even going by the order of the
Tribunal, the respondent was not entitled for arrears of salary. He
has been ordered to be promoted only on a notional basis.
2. In such circumstances, we are of the view that there is
no scope for further adjudication of the matter, since he was
entitled to be promoted at least after the expiry of the punishment
period. We are also of the view that his pensionary benefits shall
be calculated in the cadre of Assistant Commandant as on the date
of his retirement and he shall be paid revised pensionary benefits
in accordance with the order. Therefore, we find no scope for
adjudication of the matter, inasmuch as he would only be entitled
for notional benefits from the date on which he was entitled to be
OP(KAT) NO. 63 OF 2019
2025:KER:51669
promoted as Assistant Commandant.
With the above observations, this Original Petition stands
disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
ASH
OP(KAT) NO. 63 OF 2019
2025:KER:51669
APPENDIX OF OP(KAT) 63/2019
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE OA NO 438/2018 ALONG
WITH ANNEXURE A1 TO A11 BEFORE THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL
Annexure A1 TRUE COPY OF THE NOTIFICATION
NO.T4/34605/2016 DATED 06.04.2016
PUBLISHED BY THE 3RD RESPONDENT.
Annexure A2 TRUE COPY OF THE DGO NO.727/2016 DATED
17.05.2016 ISSUED BY THE 3RD RESPONDENT.
Annexure A3 TRUE COPY OF THE DGO NO.1525/2017 DATED
24.01.2017 DECLARING THE PROBATION OF THE
APPLICANT ISSUED BY THE 3RD RESPONDENT.
Annexure A4 TRUE COPY OF THE FINALIZED SENIORITY LIST
OF RESERVE INSPECTORS AS ON 01.01.2017
PUBLISHED VIDE FILE NO.A3-241864/2016/PHQ
DATED 01.03.2017 ISSUED BY THE 3RD
RESPONDENT.
Annexure A5 TRUE COPY OF THE NOTIFICATION IN
GO(P)NO.132/2017/HOME DATED 24.10.2017
PUBLISHED BY THE 2ND RESPONDENT.
Annexure A6 TRUE COPY OF THE GO(RT)NO.2810/2017/HOME
DATED 27.10.2017 ISSUED BY THE 1ST
RESPONDENT.
Annexure A7 TRUE COPY OF PETITION DATED 03.11.2017
SUBMITTED BY THE APPLICANT BEFORE THE 2ND
RESPONDENT.
Annexure A8 TRUE COPY OF THE ORDER DATED 10.11.2017
IN OA 2145 OF 2017 OF THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
Annexure A9 TRUE COPY OF THE GO(RT)NO.635/2018/HOME
DATED 03.03.2018 ISSUED BY THE 1ST
RESPONDENT REJECTING ANNEXURE A7
PETITION.
Annexure A10 TRUE COPY OF THE ORDER NO.H1/31/PR/2014
EC DATED 27.09.2014 ISSUED BY THE
DISTRICT POLICE CHIEF, KOCHIN CITY
IMPOSING A PUNISHMENT OF 1YEAR IB WITH
CUMULATIVE EFFECT.
Annexure A11 TRUE COPY OF THE CIRCULAR
NO.1497/ADV.C2/2014/P&ARD DATED
25.09.2014 ISSUED BY THE GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON
OP(KAT) NO. 63 OF 2019
2025:KER:51669
BEHALF OF THE FIRST RESPONDENT IN THE
ORIGINAL APPLICATION.
EXHIBIT P3 TRUE COPY OF REJOINDER DATED 26.6.2018 IN
THE ORIGINAL APPLICATION
EXHIBIT P4 TRUE COPY OF THE FINAL ORDER OF THE
HONOURABLE KERALA ADMINISTRATION TRIBUNAL
DATED 26.9.2018 IN THE AFORESAID ORIGINAL
ORIGINAL APPLICATION
