Kerala High Court
Sunithkumar S vs State Of Kerala on 21 March, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT) Nos.68/2024 & 362/2022
1
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946
OP(KAT) NO. 68 OF 2024
AGAINST THE ORDER DATED 04.04.2023 IN OA NO.2094 OF 2021 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS 1,2,3,4,5,6,7,9,20,21,22,23,24,26 IN O.A.:
1 SUNITHKUMAR S,
AGED 51 YEARS
S/O SASIDHARAN NAIR, PEN NO. 108571, NOW WORKING AT
KARAMANA POLICE STATION RESIDING AT CHANDANAM, NILAMA,
OUKKODE, NEMOM P O, THIRUVANANTHAPURAM, PIN - 695020
2 SURESH P,
AGED 53 YEARS
S/O K. PURUSHOTHAMAN, NOW WORKING AS SUB INSPECTOR
(GRADE), SSB, SECURITY, PATTOM, THIRUVANANTHAPURAM
RESIDING AT SURESH BHAVAN, PANTHAPLAVU, P.O, PATTAZHI,
PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691522
3 MANIKANDAN S,
AGED 50 YEARS
S/O SIVASAKARAN, PEN NO. 108677 RESIDING AT THYVILA
HOUSE, KARAKKAMANDAPAM, NEMOM P.O, THIRUVANANTHAPURAM,
PIN - 695020
4 SANTHOSHKUMAR. S,
AGED 52 YEARS
S/O SANKARANKUTTY NAIR, PEN NO.191271, NOW WORKING AT
OP(KAT) Nos.68/2024 & 362/2022
2
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FORT POLICE STATION RESIDING AT KRA-6, GOWRI SANKARAM,
KOOTTAPPANA, NEYYATTINKARA, THIRUVANANTHAPURAM
DISTRICT, PIN - 695521
5 SANTHOSHKUMAR G,
AGED 47 YEARS
S/O GOPALAKRISHNAN NAIR, PEN NO.108672, NOW WORKING AT
KATTAKADA POLICE STATION, THIRUVANANTHAPURAM RURAL
RESIDING AT BINDHU BHAVAN, TC 18/371, PUNNAKKAMUGAL,
ARAMADA PO. THIRUVANANTHAPURAM DISTRICT, PIN - 695032
6 VINOD V.P,
AGED 44 YEARS
S/O P VIJAYAN NAIR, PEN NO.108734, NOW WORKING AT FORT
POLICE STATION, RESIDING AT CHITTAZHIKATHU VEEDU,
KARYIL, KAZHAKOOTTOM P.O, THIRUVANANTHAPURAM DISTRICT,
PIN - 695582
7 MANOJ P.S.,
AGED 50 YEARS
S/O PRABHAKARAN, PEN NO.191303, SI (GRADE), PEROORKADA
POLICE STATION, RESIDING AT PRAVDA, VENKAVILA,
IRINCHAYAM P.O., NEDUMANGAD, THIRUVANANTHAPURAM
DISTRICT, PIN - 695561
8 ARAVIND R.P,
AGED 47 YEARS
S/O V RAJASEKHARAN NAIR, PEN NO.108581, RESIDING AT
ABHAYAM, KRA 2, NEAR CORPORATION ZONAL OFFICE,
PEROORKADA P.O, THIRUVANANTHAPURAM DISTRICT,
PIN - 695005
9 SHAJUKUMAR R,
AGED 47 YEARS
S/O DHAMODHARAN, PEN NO. 110492, SUB INSPECTOR
(GRADE), STATE SPECIAL BRANCH, THRISSUR CITY, RESIDING
AT KOTTUKKAL HOUSE, BRAHMAKULAM P.O, THAIKKAD VIA
GURUVAYOOR, THRISSUR DISTRICT, PIN - 680104
0 KURIACHAN K.K,
AGED 47 YEARS
S/O KURIAN, PEN NO. 110161, SUB INSPECTOR (GRADE),
OP(KAT) Nos.68/2024 & 362/2022
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R 6444, STATE CRIME BRANCH, EOW WING, THRISSUR UNIT,
AYYANTHOLE, RESIDING AT KUMBAKKIYIL HOUSE, POOMALA,
THRISSUR DISTRICT, PIN - 680581
11 MANOJKUMAR.K,
AGED 48 YEARS
S/O KANTHASWAMY CHETTIYAR A. PEN NO.110580, SUB
INSPECTOR (GRADE), VIGILANCE AND ANTI CORRUPTISH
BUREAU, PALAKKAD DISTRICT RESIDING AT DVARAKA, ASWATHI
NAGAR, ATHANIPARAMBU, OLAVAKKODU PO, PALAKKAD
DISTRICT, PIN - 678002
12 NAZEER.Y,
AGED 44 YEARS
S/O YUSUFF, PEN NO. 110129, CPO 5704, MANNARKKAD
POLICE STATION,RESIDING AT NANDANAKIZHAYA, ANAMARI
POST, PALAKKAD DISTRICT, PIN - 678506
13 C.T BABURAJ,
AGED 51 YEARS
S/O KUNCHUNNI GUPTHAN, PEN NO.110561, SUB INSPECTOR
(GRADE), RAILWAY POLICE STATION, PALAKKAD RESIDING AT
BABU NIVAS, PUNCHAPADAM P.O, PALAKKAD DISTRICT, PIN -
678633
14 JINEESH BABU.K,
AGED 48 YEARS
S/O KESAVAN, PEN NO.110032, ASSISTANT SUB INSPECTOR,
RAILWAY POLICE STATION MANNARKKAD, RESIDING AT
UTHRADAM, MYLAMPULLY, NAMPULLY PURA P.O., MUNDUR,
PALAKKAD, KERALA, PIN - 678592
BY ADVS.
V.M.KRISHNAKUMAR
P.S.SIDHARTHAN
RESPONDENTS/RESPONDENTS AND APPLICANTS 8, 10, 11, 12, 13,
14,15,16,17,18,19,25,27 IN OA:
1 STATE OF KERALA,
REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO
OP(KAT) Nos.68/2024 & 362/2022
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GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM
DISTRICT, PIN - 695010
3 SYAMAPRASAD, V.K,
AGED 52 YEARS
S/O VASUKUTTY NAIR, CPO 4318, ASSISTANT SUB INSPECTOR
(GRADE), CITY TRAFFIC POLICE STATION, PATTOM,
THIRUVANANTHAPURAM RESIDING AT SHYAMALALAYAM,
EDAMAYILA, VETTIYARA, NAVAYIKULAM, THIRUVANANTHAPURAM
KERALA STATE, PIN - 695603
4 SURESHKUMAR.S,
AGED 54 YEARS
S/O SREEDHARAN NAIR, CPO 4302, SUB-INSPECTOR (GRADE),
POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM -
695012, RESIDING AT PRAKRITHY, KACHANI, KARAKULAM P.O,
THIRUVANANTHAPURAM DISTRICT KERALA STATE, PIN - 695584
5 ASHRAF C.V.,
AGED 51 YEARS
S/O MAMMU, CPO 6058, SUB INSPECTOR (GRADE), EDAKKAD
POLICE STATION, KANNUR DISTRICT,RESIDING AT DARUL MAJA
MUTHUKUTTY, MOWANCHAERY, KANNUR DISTRICT,KERALA STATE,
PIN - 670613
6 PRASHEED K.P,
AGED 54 YEARS
S/O PADMANABHAN P.V, CPO 6059, SUB INSPECTOR (GRADE),
KOLAVALLOOR POLICE STATION, KOLAVALLOOR, KANNUR,
RESIDING AT PADAMA (H), POOKODE, KANNUR DISTRICT
KERALA STATE, PIN - 670691
7 NOUSHAD MOOPAN,
AGED 48 YEARS
S/O USSAN, CPO 6069, ASSISTANT SUB INSPECTOR (GRADE),
AIRPORT POLICE STATION, MATTANNUR, KANNUR- 670702,
RESIDING AT NIHAL VILLA, KOVALOOR, CHAVASSERY,
MATTANNUR, KANNUR DISTRICT KERALA STATE, PIN - 670702
OP(KAT) Nos.68/2024 & 362/2022
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8 K.RAJESH,
AGED 49 YEARS
S/O KELU NAMBIAR, CPO 6072, ASSISTANT SUB INSPECTOR
(GRADE), PINARAYI POLILCE STATION, PINARAYI, KANNUR,
RESIDING AT KOMONKANDI HOUSE, KADACHIRA, KANNUR
DISTRICT, KERALA STATE, PIN - 670621
9 VINOD R.P,
AGED 53 YEARS
S/O GOPALAN NAMBIAR, CPO 6068, SUB INSPECTOR (GRADE),
EDAKKAD POLICE STATION, KANNUR DISTRICT RESIDING AT
KOKKUNNAM HOUSE, MUNDERI, KANNUR DISTRICT, PIN -
670591
0 PRABHAKARAN P.P,
AGED 53 YEARS
S/O RAMAN P.P., CPO 6050, SUB INSPECTOR (GRADE),
PERAVOOR POLICE STATION, KANNUR DISTRICT, RESIDING AT
POTHIYAPARAYIL HOUSE, NUCHYAD, KANNUR DISTRICT KERALA
STATE, PIN - 670705
11 DILEEP KUMAR T,
AGED 52 YEARS
S/O GOVINDAN P.P, CPO 6716, SUB INSPECTOR (GRADE),
TALIPARAMBA POLICE STATION, KANNUR DISTRICT, RESIDING
AT GOVINDAM, MUKKUNNU, KUPPAM P.O, KANNUR DISTRICT
KERALA STATE, PIN - 670502
12 JAYAKRISHNAN M.P.,
AGED 49 YEARS
S/O M. BALAN NAMBIAR, CPO 6061, SUB INSPECTOR (GRADE),
NEW MAHI POLICE STATION, THALACHERI, KANNUR-673310.
RESIDING AT KRISHNA NIVAS, PANAKKAD, KARIMBAM P.O,
THALIPARAMBA,KANNUR DISTRICT, KERALA STATE, PIN -
670142
13 THILAKARAJ,
AGED 55 YEARS
S/O NANU, CPO 6071, ASSISTANT SUB INSPECTOR (GRADE),
RAILWAY POLICE STATION, KANNURDISTRICT RESIDING AT
ADHIGANGA, MADAPALLY COLLEGE P.O, VADAKARA, KOZHIKODE
OP(KAT) Nos.68/2024 & 362/2022
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DISTRICT KERALA, PIN - 673102
14 FAKRUDHEEN V.K,
AGED 54 YEARS
S/O KASSIM V, CPO 5695, ASSISTANT SUB INSPECTOR
(GRADE), RAILWAY POLICE STATION, OLAVAKKODE, PALAKKAD-
678002, RESIDING AT KHADEEJA MANZIL, SANTHI NAGAR,
MUTTIKULANGARA P.O, PALAKKAD DISTRICT, KERALA STATE,
PIN - 678594
15 PRASAD K.N,
AGED 55 YEARS
S/O NARAYANAN, CPO 5702, ASSISTANT SUB INSPECTOR
(GRADE), STATE SPECIAL BRANCH, MANGALAM DAM POLICE
STATION, PALAKKAD, RESIDING AT PRIYAM HOUSE,
PANDAMCODE, KORENCHIRA P.O., KIZHAKKANCEHRI, PALAKKAD
DISTRICT KERALA STATE, PIN - 678684
BY ADV POOJA SUNIL
GOVT.PLEADER SRI.SUNILKUMAR KURIAKOSE
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
HEARING ON 11.03.2025, ALONG WITH OP(KAT).362/2022, THE COURT ON
21.03.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.68/2024 & 362/2022
7
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946
OP(KAT) NO. 362 OF 2022
AGAINST THE ORDER DATED 27.06.2022 IN OA (EKM) NO.602 OF
2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/RESPONDENTS IN O.A.(EKM):
1 STATE OF KERALA,REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY,
HOME DEPARTMENT, GOVERNMENT OF
KERALA,THIRUVANANTHAPURAM,KERALA, PIN - 695001
2 THE STATE POLICE CHIEF,
POLICE HEADQUARTERS,THIRUVANANTHAPURAM,KERALA,
PIN - 695001
3 THE DEPUTY INSPECTOR GENERAL OF POLICE AND ADDITIONAL
COMMISSIONER OF POLICE,
CITY POLICE OFFICE,KOCHI,ERNAKULAM,KERALA,
PIN - 682011
4 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,ERNAKULAM,KERALA,
PIN - 682011
BY GOVERNMENT PLEADER SRI.SUNILKUMAR KURIAKOSE
OP(KAT) Nos.68/2024 & 362/2022
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RESPONDENTS/APPLICANTS IN O.A.(EKM):
1 SRI.DENNY M D, S/O. SRI.DEVASSY M.I, ASSISTANT SUB
AGED 51 YEARS
INSPECTOR (GE), E-7450, ERNAKULAM TOWN POLICE STATION,
KOCHI CITY-682018, RESIDING AT MAZHUVANCHERRY HOUSE,
CHURCH AVENUE, AYYAMPILLY P.O., KUZHUPPILLY,
ERNAKULAM, KERALA, PIN - 682501
2 SRI.PRASAD P.C,
AGED 51 YEARS
S/O. P.I.CHANDRAN, ASSISTANT SUB INSPECTOR (GE) E-
7504, KALAMASSERRY POLICE STATION, KOCHI CITY,
RESIDING AT PADIKKAKUDY HOUSE, KOMBANAD P.O.,PIN:
683544, KERALA.
3 K.V.SASI,
AGED 54 YEARS
S/O. SRI. VALAYUDHAN, SENIOR CIVIL POLICE OFFICER, E
7523, CITY TRAFFIC EAST, THRIPUNITHURA, RESIDING AT
KOVILAKATHUPARAMBIL HOUSE, PRK NAGAR, VEZHAPPARAMBU,
MULANTHURUTHY, ERNAKULAM DISTRICT, PIN 682314, KERALA.
4 SRI.PRATHAPA CHANDRAN P.C,
AGED 51 YEARS
S/O. CHELLAPPAN NAIR, ASSISTANT SUB INSPECTOR (GE) E
7535, VIGILANCE AND ANTI-CORRUPTION BUREAU, CENTRAL
RANGE,ERNAKULAM, RESIDING AT PULIPRAYIL HOUSE,
VADAKARA P.O., THALAYOLAPARAMBU, KOTTAYAM, KERALA,
PIN - 686605
5 SRI.SUNNY K.T,
AGED 49 YEARS
S/O.THOMAS, ASSISTANT SUB INSPECTOR (GE) E 7546,
VIGILANCE AND ANTI-CORRUPTION BUREAU, CENTRAL RANGE,
ERNAKULAM, RESIDING AT KUTTIKKATTU HOUSE, UDAYANAPURAM
P.O., VAIKOM, KOTTAYAM DISTRICT, KERALA, PIN - 686143
6 SRI.THOMAS T.J,
OP(KAT) Nos.68/2024 & 362/2022
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AGED 49 YEARS
S/O. SRI JOHNY, ASSISTANT SUB INSPECTOR (GE), E 7547,
CHERTHALA POLICE STATION, RESIDING AT THURUTHEL HOUSE,
SOUTH CHELLANAM PO, FORT KOCHI, KERALA, PIN - 682008
7 SRI.FULGEN . K,
AGED 50 YEARS
S/O. K.C. JOSEPH, ASSISTANT SUB INSPECTOR (GE), E
7554, CENTRAL POLICE STATION, KOCHI CITY. RESIDING AT
KEERAMPILLY HOUSE, VADUTHALA PO, ERNAKULAM DISTRICT,
KERALA, PIN - 682008
8 SRI.SUNNY P.P,
AGED 51 YEARS
S/O. POULOSE, ASSISTANT SUB INSPECTOR (GE), E 7564,
KALAMASSERRY POLICE STATION, KOCHI CITY, PIN-
683513RESIDING AT PARAKKADAN HOUSE,OKKAL PO,
CHELAMATTOM,ERNAKULAM DISTRICT, KERALA, PIN - 683550
9 SRI.SARACHANDRA KUMAR,
AGED 51 YEARS
S/0.RAGAVAN PILLAI, AGED 51 YEARS, ASSISTANT SUB
INSPECTOR (GE), E 7583, PALARIVATTOM POLICE STATION,
KOCHI CITY, RESIDING AT KALATHIPARAMBIL HOUSE,
NERIYAMANGALAM PO, PH: 9497933368. KERALA,
PIN - 686693
0 SRI.SUDARSANAN C.K,
AGED 50 YEARS
S/O. SRI.KUMARAN,, ASSISTANT SUB INSPECTOR (GE),E
7608, POOCHAKKAL POLICE STATION, ALAPPUZHA, RESIDING
SUDARSANALAYAM,KULASEKHARAMANGALAM PO, VADIKOM,
KOTTAYAM DISTRICT, PH: 9947587001.KERALA,
PIN - 627862
11 SRI.M.A SHAJU,
AGED 50 YEARS
S/O. ANTONY M.V., AGED 50 YEARS, ASSISTANT SUB
INSPECTOR (GE), E 7658,CONTROL ROOM, ALAPPUZHA, PIN-
688001 RESIDING AT MALIYEKAL HOUSE,
KONTHURUTHY,THEVARA PO. ERNAKULAM DISTRICT, PH:
9497633183, KERALA., PIN - 682013
OP(KAT) Nos.68/2024 & 362/2022
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12 SRI.SHAJAN KURIAKOSE,
AGED 51 YEARS
S/O. KURIAKOSE, AGED 51 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7715, KOTTAPPADY POLICE STATION, PIN-
686692, RESIDING MATTATHIL HOUSE, MALAYANKEEZHU,
KOTHAMANGALAM, PH: 9674613751, KERALA, PIN - 686691
13 SRI.UNNIKRISHNAN .G,
S/O. GOVINDAN NAIR, AGED 49 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7738, CONTROL ROOM, KOCHI CITY, RESIDING AT
VALAMANGALAM HOUSE, NORTH GATE, VAIKOM, PH:
9497989080, KERALA, PIN - 686141
14 SRI.SUGUNAN A.P,
AGED 47 YEARS
S/O. PADMANABHAN, AGED 47 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7746, TRAFFIC WEST POLICE STATION, KOCHI
CITY, RESIDING AT ATHIPETTILPARAMBIL HOUSE, NJARAKKAL
PO, ERNAKULAM DISTRICT, PH:9495747508, KERALA,
PIN - 682505
15 SRI.DHARMARATNAM A.K,
AGED 49 YEARS
S/O. KUNJAPPAN, AGED 49 YEARS. SENIOR CIVIL POLICE
OFFICER, E 7750, ERNAKULAM TOWN SOUTH POLICE STATION,
RESIDING AT KUZHUVELIPPARAMBIL HOUSE, AYYAMPILLY PO,
ERNAKULAM, PH: 9895216593, KERALA, PIN - 682501
16 SRI.P.M HARRIS,
AGED 48 YEARS
S/O. P.A MOHAMMED,SENIOR CIVIL POLICE OFFICER, E 7755.
CONTROL ROOM, KOCHI CITY. RESIDING AF PALLIPPURAM
HOUSE, EDAVANAKKAD PO,ERNAKULAM DISTRICT, PH
9495226672., KERALA, PIN - 682502
17 SRI.RAJENDRAN K,
AGED 49 YEARS
S/O. KRISHNA PANICKER, SENIOR CIVIL POLICE OFFICER, E
7865, KALADY POLICE STATION, ERNAKULAM DISTRICT,
RESIDING AT ELLUVILA HOUSE, KARINGALIKKAD, NADUVATTOM
OP(KAT) Nos.68/2024 & 362/2022
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MANJAPRA PO. ANGAMALY. PH: 9497982213, KERALA,
PIN - 683581
18 SRI.SENNY P,
AGED 47 YEARS
S/O. P.V PAILY, SENIOR CIVIL POLICE OFFICER, E 7836,
CRIME BRANCH, ERNAKULAM RANGE OFFICE, THRIPPUNITHURA,
RESIDING AT POROTHAN HOUSE, AKANAD, MADAKKUZHA PO.
ERNAKULAM DISTRICT, PH: 8075466058, KERALA,
PIN - 683546
19 SRI.N.R BABU,
AGED 51 YEARS
S/O. RAGHAVAN NAIR, AGED 51 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7774, CHOTTANIKKARA POLICE STATION,
ERANKULAM, RESIDING AT MUNDAKKAL HOUSE,
CHOTTANIKKARAPO, ERNAKULAM, PH: 9497932914, KERALA,
PIN - 682312
0 SRI.ANILKUMAR .R,
AGED 48 YEARS
S/O. RAVINDRAN, AGED 48 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7776, CRIME BRANCH, KOCHI CITY, RESIDING AT
ABHIRAMAM HOUSE, HOOZHTHIPADOM ROAD,KUREEKKAD,
ERNAKULAM DISTICT, PH: 9497961946, KERALA,
PIN - 682305
21 SRI.JOSHY PAUL,
AGED 51 YEARS
S/O. PAILY, AGED 51 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7804, ANGAMALY POLICE STATION, RESIDING AT
PULIKKAL HOUSE, EAST CHERANELLOOR, P.O.
KALADY,ERNAKULAM DISTRICT. PH. 9497914191, KERALA,
PIN - 683574
22 SRI.K.I SALAM,
AGED 50 YEARS
S/O. HYDROSE, AGED 50 YEARS. SENIOR CIVIL POLICE
OFFICER, E 7824, TRAFFIC WEST POLICE STATION, KOCHI
CITY, RESIDING AT KARIVELIL HOUSE, MANNANTHURUTH,
VARAPPUZHA PO, ERNAKULAM DISTRICT. PH: 9446516732,
KERALA, PIN - 683517
OP(KAT) Nos.68/2024 & 362/2022
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23 SRI.JOSHY MATHEW,
AGED 47 YEARS
S/O. CHACKO MATHEW, AGED 47 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7834. PUTHENCRUZ POLICE STATION, RESIDING
AT KARIMPILAKKAL HOUSE, MEKKADAMBU PO, MUVATTUPUZHA,
PH: 9497933399, KERALA, PIN - 682316
24 SRI.P.K SALIM,
S/O. P.P.KOCHUMUHAMMED, AGED 49 YEARS, SENIOR CIVIL
POLICE OFFICER, E 7841, BINANIPURAM POLICE STATION,
RESIDING AT PLAMOOTTIL HOUSE, PUTHUPPADY PO,
KOTHAMANGALAM, PH: 9895975999, KERALA, PIN - 686673
25 SRI.AJAYAKUMAR G,
AGED 51 YEARS
S/O. T.N. GOPI ACHARI, AGED 51 YEARS, SENIOR CIVIL
POLICE OFFICER, E 7871, MATTANCHERRY POLICE STATION,
RESIDING AT THOTTIYIL HOUSE, SNRA, 65A, SASTA NAGAR,
MARADU, PH: 9497932587, KERALA, PIN - 682304
26 SRI.JOHNSON K Y,
AGED 51 YEARS
S/O YOHANNAN, AGED 51 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7873., CRIME BRANCH, RANGE OFFICE,
THRIPPUNITHURA, RESIDING AT KALATHIL HOUSE, PALLITHODU
PO, CHERTHALA, ALAPPUZHA, PH: 9495074134, KERALA,
PIN - 688540
27 K.V DINESAN,
AGED 50 YEARS
S/O P.K.VIJAYAN, AGED 50 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7877, PIRAVOM POLICE STATION, ERNAKULAM
RURAL, RESIDING AT KARUKAYIL HOUSE, UDAYAMPEROOR PO,
ERNAKULAM DISTRICT, PH: 9497932702, KERALA,
PIN - 682307
28 SRI.P.B SALI,
AGED 45 YEARS
S/O. BASHEER MOHAMMED, AGED 45 YEARS, SENIOR CIVIL
POLICE OFFICER, E 7885, VIGILANCE AND ANTI-CORRUPTION
OP(KAT) Nos.68/2024 & 362/2022
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BUREAU,CENTRAL RANGE, ERNAKULAM, RESIDING AT SS
BUILDING, P P ROAD, PANDALAM PO, PATHANAMTHITTA
DISTRICT. PH: 8943941442, KERALA, PIN - 689501
29 K.A JOHNSON,
AGED 51 YEARS
S/O. K.J. ANTONY, AGED 51 YEARS, SENIOR CIVIL POLICE
OFFICER, E 7912, TOURISM POLICE STATION, FORT KOCHI,
RESIDING AT KUNNEL HOUSE, CC 1/1325, FORT
KOCHI,ERNAKULAM DISTRICT, PH: 9497932556, KERALA,
PIN - 682001
0 SRI.K.K JALEEL
AGED 48 YEARS
S/O. KOCHUMARAIKKAR, AGED 48 YEARS, SENIOR CIVIL
POLICE OFFICER, E 7962, VIGILANCE AND ANTI-CORRUPTION
BUREAU, CENTRAL RANGE, ERNAKULAM, RESIDING AT
KIDIYIRIKKAL HOUSE, CHANGAMPUZHA NAGAR PO,
KALAMASSERRY, PH: 9447610399.....KERALA, PIN - 682033
31 SRI.P.V GOPI,
AGED 51 YEARS
S/O. E. VELUTHA, AGED 51 YEARS, SENIOR CIVIL POLICE
OFFICER. E 7968, RAILWAY POLICE STATION, ERNAKULAM,
RESIDING AT KANAKAVELI HOUSE, VADUTHALA JETTY PO,
AROOKUTTY. CHERTHALA, PH: 9497980422, KERALA,
PIN - 688535
32 SRI.ANSAR U.E,
AGED 53 YEARS
S/O. EBRAHIM, AGED 53 YEARS, SENIOR CIVIL POLICE
OFFICER, E-7972, VIGILANCE AND ANTI-CORRUPTION BUREAU,
ERNAKULAM UNIT, RESIDING AT BAITHULNOOR
HOUSE,AROOKUTTY PO. CHERTHALA, ALAPPUZHA, PH:
995701584, KERALA, PIN - 688534
33 SRI.PRADEESH KUMAR,
AGED 47 YEARS
S/O. PARAMESWARAN NAIR, AGED 47 YEARS, SENIOR CIVIL
POLICE OFFICER, E 7996, PALARIVATTOM POLICE STATION
(ON DEPUTATION AT NATIONAL INVESTIGATING AGENCY,
ERNAKULAM, KOCHI). RESIDING AT POURNAMI HOUSE,
OP(KAT) Nos.68/2024 & 362/2022
14
2025:KER:24006
THALAYOLAPARAMBU PO, KOTTAYAM, PH: 9447331016, KERALA,
PIN - 686605
34 SRI.RAMESAN P.A,
AGED 50 YEARS
S/O. P.AAMRUTHY, AGED 50 YEARS, SENIOR CIVIL POLICE
OFFICER, E 8007, TOURISM WING, FORT KOCHI, RESIDING AT
PALATHINKAL HOUSE, KANNAMALI PO, KOCHI, PH:
9497932558., KERALA, PIN - 682008
35 SRI.TOMY K.A,
AGED 52 YEARS
S/O. K.V. ANTONY, AGED 52 YEARS, SENIOR CIVIL POLICE
OFFICER, E 8015,KALAMASSERRY POLICE STATION, RESIDING
AT KALAPARAMBATH HOUSE, ALANGAD PO,ERNAKULAM, PH:
9497933176, KERALA, PIN - 683511
36 SRI.K.G ASHOK,
AGED 48 YEARS
S/O. K.V GANDHI, AGED 48 YEARS, SENIOR CIVIL POLICE
OFFICER, E 8051, CENTRAL POLICE STATION, KOCHI CITY,
RESIDING AT, PUTHIYEDATH HOUSE. PD ROAD,
PALLURUTHY,PH: 9446044396.,KERALA, PIN - 682006
37 SRI.REJI M.V,
AGED 51 YEARS
S/O. VARGHESE, AGED 51 YEARS, SENIOR CIVIL POLICE
OFFICER, E 8102, KOOTHATTUKULAM POLICE STATION,
ERNAKULAM RURAL, RESIDING AT MANAYILPUTHENPURAYIL
HOUSE, PAMPAKUDA PO.ERNAKULAM DISTRICT, PH:
9400992196, KERALA, PIN - 686667
38 SRI.ABDUL RASHEED V.A,
AGED 50 YEARS
S/O. ABDUL KADER, AGED 50 YEARS, SENIOR CIVIL POLICE
OFFICER, E 8104, THADIYITTAPARAMBU POLICE STATION.
ERNAKULAM RURAL, RESIDING AT VATIMATTOM HOUSE, VENGOLA
PO,MEMMURY, ARACKAPPADY, PERUMBAVOOR, PH: 9446066018,
KERALA, PIN - 683562
39 SRI.RAFEEQUE,
AGED 51 YEARS
OP(KAT) Nos.68/2024 & 362/2022
15
2025:KER:24006
S/O. IBRAHIM, AGED 51 YEARS, SENIOR CIVIL POLICE
OFFICER, E 8246 THRIKKAKARA POLICE STATION, KOCHI
CITY, RESIDING AT NAMBILLIPADATH HOUSE, THRIKKAKARA
P.O., KAKKANAD, ERNAKULAM 682 030. PHONE: 9497980429,
KERALA, PIN - 682021
0 SRI.ARUNKUMAR T.S,
AGED 50 YEARS
S/O. KRISHNAVILASAM, AGED 50 YEARS, ASSISTANT SUB
INSPECTOR (GE), E 7637, MAVELIKKARA POLICE STATION,
ALAPPUZHA DISTRICT. RESIDING AT KRISHNAVILASAM,ARAYOOR
P.O.. AMARAVILA VIA, NEYYATTINKARA, DISTRICT. 695122
PHONE: 9495163384, KERALA., PIN - 695122
41 SRI.ASHRAFF V.A,
AGED 53 YEARS
S/O. SRI. ALL M.A., AGED 53 YEARS, SUB INSPECTOR (GE).
E 8304,ANGAMALI POLICE STATION, ANGAMALI 683572,
RESIDING AT MATTATHIKOTTAYIL HOUSE,KOCHUKADAVU, MALA,
THRISSUR DISTRICT 680734 , KERALA., PIN - 680732
BY ADVS.
T.G.SUNIL (PRANAVAM)
J.OM PRAKASH(K/657/1987)
C.X.ANTONY BENEDICT(K/000157/1990)
EMMANUAL SANJU(K/1596/2020)
SOJAN M.J.(K/000127/2019)
T.G.MANOJ
T.G.SANTHOSH
T.G.MAHESH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
HEARING ON 11.03.2025, ALONG WITH OP(KAT).68/2024, THE COURT ON
21.03.2025 DELIVERED THE FOLLOWING:
OP(KAT) Nos.68/2024 & 362/2022
16
2025:KER:24006
CR
JUDGMENT
P.Krishna Kumar, J.
The questions raised in these cases relate to the
seniority of Police Constables who joined Armed Reserve
or Local Police from the Armed Police Battalion. As the
subject matter in these cases is connected, it has been
decided to dispose of them together.
2. We heard Sri.Ranjith Thampan, the learned
Senior Counsel, as instructed by Sri.V.M.Krishnakumar,
the learned counsel appearing for the petitioners in
O.P.(KAT)No.68/2024, Sri.Sunilkumar Kuriakose, the
learned Senior Government Pleader and also
Sri.T.G.Sunil, the learned counsel appearing for the
respondents in O.P.(KAT)No.362/2022.
3. The petitioners are Police Constables who
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
joined service in the Armed Police Battalion (APBn)
during the period 1993 - 2004. Though they were
entitled to get a transfer to their respective Armed
Reserve on completion of a few years of service, they
did not avail of that option initially. Later, based on
the repeated representations made by the petitioners,
they were transferred to the respective Armed Reserve
as per Annexure A2 dated 11.5.2010, as a mercy chance.
Meanwhile, several juniors of the petitioners had
joined the respective Armed Reserve.
4. Subsequently, on 10.12.2010, as per Annexure A3,
the Government decided to integrate the Armed Reserve
with the District Local Police with effect from
01.04.2010 and thereby a common cadre namely 'Kerala
Civil Police', came into existence.
5. The petitioners are now aggrieved by the
seniority list prepared by the Police Department
without considering their seniority based on the date
of their initial appointment. When they submitted
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2025:KER:24006
representations, the Department intimated them through
Annexure A8 that their seniority in the Kerala Civil
Police cadre could be counted only with effect from the
date of joining the Armed Reserve. Then the petitioners
approached the Kerala Administrative Tribunal for
fixing their seniority based on the date of
appointment, which is in accordance with Rule 3 of the
Kerala Police Subordinate Service Rules, 1980 ('the
Special Rules', for short), as amended by the Kerala
Police Subordinate Service (Amendment) Rules, 2017.
6. Rejecting their claim, the Tribunal found that,
as per Annexure A3 order dated 10.12.2010, the
Government had integrated the Armed Reserve with the
District Local Police, thereby constituting the Kerala
Civil Police with retrospective effect from 1.4.2010
and thus the transfer of petitioners from Armed Police
Battalion to Armed Reserve on 11.05.2010 could only be
considered as a transfer from Armed Police Battalion to
Kerala Civil Police. Based on this, the Tribunal
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
further concluded that the petitioner would not be
governed by the amended provisions in Rule 3 of the
Special Rules and thus their seniority has to be fixed
by the general rules in the Kerala State & Subordinate
Service Rules, 1958 ('KS & SSR', for short) i.e., the
date of joining in the new cadre.
7. It will be instructive to refer briefly to the
historical events that led to the 2017 amendment to the
Special Rules and the method of transfer and
appointment to the various branches of the Kerala
Police Service. The Kerala Police Constabulary
originally consisted of three cadres such as (i) Armed
Police Battalions (ii) Armed Reserve and (iii) General
Executive Branch (Local Police). There were separate
recruitment routes for the Police Constables in each of
the said cadres and thus persons appointed in one cadre
could have migrated to another cadre, but then they
would lose their seniority in the parent cadre. Police
Constables appointed in the Armed Police Battalion used
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
to get transferred to the Armed Reserve after their
mandatory lock-in period by surrendering their
seniority, based on the waiting list prepared from
among the eligible and willing Police Constables, in
accordance with their seniority. To illustrate, when
the senior most Police Constable in the Armed Police
Battalion joins the Armed Reserve he will be treated as
the junior most in the Armed Reserve and will be ranked
in the lowest position. This is for the reason that
Rule 3 of the Special Rules, as it stood before 1980,
provided that those who are migrating to another cadre
in the Police force would lose their seniority and it
would be reckoned only from the date on which they
joined in the new cadre. This provision was consistent
with the general rule in the first proviso to Rule 27
of Part II KS & SSR.
8. However, the Government found that the above
provision creates heartburn among Police Constables who
migrated from one wing to another wing of the Police
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
department. Then it was decided to protect their
seniority by amending the Special Rules. Accordingly,
Rule 3 of the Special Rules was amended with effect
from 26.12.1980 by adding two provisos to Rule 3. The
effect of the first proviso was that the seniority of
such persons would be determined by the date of their
first effective advice by the Public Service
Commission. The purpose of the second proviso was to
save the seniority of those who had already been
appointed to the District Armed Reserve prior to
26.12.1980.
9. Later, the Government decided to stop the direct
recruitment of Constables to the Armed Reserve by
bringing another amendment to Rule 3 with effect from
10.03.1989. However, an unintended omission occurred at
the time when the said amendment was carried into
effect. The two provisos introduced on 26.12.1980 were
mistakenly omitted while effecting the said amendment.
This omission went unnoticed till this Court detected
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
the mistake in 2010 through its judgment in Regi v.
State of Kerala (2010(2) KLT 265(DB). Consequently,
this omission was rectified by a further amendment to
Rule 3 on 16.02.2017 and thereby the said provisions
were reintroduced by the Government with retrospective
effect from 17.07.1986, as Rule 3(2) and its proviso.
This Court in Pookunju A. & Others v. B.Anandakuttan
Nair & Others (MANU/KE/2637/2019) upheld the
retrospective effect given to the said amendment, by
holding that it was actually curative in nature.
10. The first question to be considered now is
whether the seniority of the petitioners who were
transferred to the Armed Reserve on 11.05.2010 is to be
reckoned as per Rule 3(2) of the Special Rules, despite
the fact that Armed Reserve and Local Police wings
merged to Kerala Civil Police with effect from
01.04.2010.
11. Sri.Ranjith Thampan submitted that when the said
provisions were reintroduced with effect from
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2025:KER:24006
17.7.1986, the petitioners were clearly entitled to get
their seniority on the basis of the date of advice by
the Public Service Commission and hence the stand taken
by the respondents is untenable. It is also pointed out
that Annexure A3, an executive order, could not be
given retrospective effect, especially not to override
the express provisions in Rule 3 of the Special Rules.
Referring to Circular No.C3/100/2024/P&ARD dated
24/09/2024, the learned Senior Counsel further pointed
out that, now the Government has taken a stand
consistent with the contentions of the petitioners, by
issuing a general direction to all the departments. The
learned Senior Counsel placed reliance on the decisions
in Sub-Inspector Rooplal and Another v. Lt. Governor
Through Chief Secretary, Delhi and Others [(2000) (1)
SCC 644] and M.L.Bagga v. C.Murhar Rao (1955 SCC OnLine
Hyd 336: AIR 1956 Hyd 35) to support the contentions.
It is further pointed out that the purpose for which
the integration of the Armed Reserve and Armed Police
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
Battalion was made is to ensure that no member of the
constabulary would come to the Local Police with a
sense of loss of service and financial deficit.
12. Refuting the above arguments, the learned
Government Pleader submitted that petitioners opted to
remain in the Armed Police Battalion by availing the
higher pay and benefits of Havildar while their juniors
and even seniors had been working in the Local Police
as Police Constables with lesser benefits and thus if
seniority is given to the petitioners, it would
significantly demoralise those persons. Many of the
juniors of the petitioners might have been already
promoted and if seniority is unsettled at this distant
time, it would create a cascading effect and lead to
endless litigations, it is submitted. He also pointed
out that Annexure A3 Government Order effecting
integration of different cadres specifically provides
as follows:
"(e). Seniority of a member in the KCP cadre
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
shall ordinarily be decided on the basis of the
date of original advice by PSC except to the
extent specified elsewhere hereunder or as is or
may be prescribed under Rules.
xxxxxxxxxx
(q). While carrying out integration and
allocation of seniority, seniority which is
already lost through punishments, exercise of
previous options, inter district transfer,
overlooking by any departmental Promotion Board
etc. will be deemed to have been lost
permanently. In the KPC seniority list, the
placement appropriate to the punishment or loss
of option suffered will be duly reflected."
(emphasis supplied)
13. After considering all relevant aspects, we find
that the reasons assigned by the Tribunal for rejecting
the claim of the petitioners are untenable. There is no
dispute that Rule 3 of the Special Rules explicitly
states that the seniority of a Police Constable who
joined a District Armed Reserve from an Armed Police
Battalion is determined by the date of first effective
advice of the Public Service Commission to the post of
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
Police Constable in the Armed Police Battalion.
Significantly, Sub Rule (2) to Rule 3, as it stands
now, starts with a non-obstante clause for specifically
overriding the general provisions contained in Rule 27
of KS & SSR. Sub-rule (2) has a retrospective effect
from 26.12.1980. For ease of reference, sub-rule (2) of
Rule 3 of the Special Rules is reproduced hereunder:
"(2) Notwithstanding anything contained in rule 27
of the General Rules of the Kerala State and
Subordinate Service Rules, 1958, the seniority of a
police constable appointed to a District Armed
Reserve from an Armed Police Battalion shall be
determined by the date of first effective advice of
the Public Service Commission for his appointment or
date of order of his first appointment, as the case
may be, to the post of Police Constable in the Armed
Police Battalion."
14. The finding of the Tribunal that the petitioners
could not be treated as appointees to the District
Armed Reserve is incorrect. The above finding is based
on the reasoning that by Annexure A3 order dated
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
10.12.2010 the Armed Reserve merged along with the
Armed Police Battalion to form the Kerala Civil Police
with effect from 1.4.2010 and thus it is not possible
to consider that the petitioners were transferred to
the Armed Reserve on 11.05.2010 (as the Armed Reserve
became non-existing from 01.04.2010). The Tribunal
further assumed that because the Armed Reserve was not
existing then, sub-rule(2) of Rule 3 of the Special
Rules was not applicable to the petitioners. In
actuality, the petitioners became part of the Armed
Reserve the moment when Annexure A2 order dated
11.05.2010 became effective. Annexure A3 integration
order was passed only on 10.12.2010. Therefore, when
Annexure A3 was passed, the petitioners had been
working in the Armed Reserve for nearly seven months.
In other words, on or after 11.05.2010, when the
petitioners were "appointed to a District Armed Reserve
from an Armed Police Battalion", a vested right accrued
to them for being considered as seniors to all those
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
who became part of the Armed Reserve with their date of
initial advice/appointment subsequent to that of the
petitioners, even if they joined there prior to the
petitioners.
15. Hence, even though the executive directions
contained in Annexure A3 were to the effect that the
Armed Reserve and the Armed Police Battalion were
integrated into the Kerala Civil Police with effect
from a date prior to Annexure A2, it is not possible to
conclude that the petitioners are not governed by sub-
rule(2) of Rule 3 of the Special Rules. An executive
order issued mainly for a different purpose cannot
override the statutory effect of sub-rule(2) of Rule 3.
16. We are also unable to accept the contention
raised by the learned Senior Government Pleader based
on Clauses (e) and (q) of Annexure A2, as it would fly
in the face of Rule 3(2) if those clauses are
interpreted in the manner suggested by him. Further,
the said clauses state only that the seniority which is
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
already lost through the exercise of the previous
option will not be counted while fixing the seniority
based on the date of original advice. The said clause
can be understood only to the extent where the
seniority is lost in the said manner by the operation
of specific statutory provisions governing the
respective service, if any. As observed above, the
moment when the petitioners joined the Armed Reserve, a
vested right would accrue to them as contemplated in
Rule 3 of the Special Rules. Such a vested right cannot
be defeated by an executive action in the form of
Annexure A3.
17. The learned Government Pleader strenuously
contended that if the claim of the petitioners is
allowed, many other persons who have given seniority
above them would be affected, but they are not made
parties to this litigation. It may be true that if the
seniority is refixed on the basis of the provision
contained in Rule 3(2) of the Special Rules, the
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
established seniority as per the existing practice
followed by the respondents would be unsettled.
However, our attempt is only to explain the effect of
the statutory provisions and the Government Order above
referred, in the matter of fixation of seniority of
Police Constables. While fixing the seniority in
accordance with the statutory rules, the department has
to consider the grievances of all those persons who are
likely to be affected. Be that as it may, we are not
addressing the issue of non-joinder of affected parties
which ought to have been raised by the State before the
Tribunal.
18. It is also contended that if OP(KAT)68/2024 is
allowed, it would unsettle the established seniority
including the promotions given to many juniors of the
petitioners. As noted above, we are only declaring the
law applicable in the matter of promotion. Thus, if a
promotion is already effected on the basis of a
selection process for determining the comparative merit
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
of the incumbents, it is open to the department to take
an appropriate stand in view of the settled law, when
refixing the seniority.
19. Nevertheless, the position of petitioner No.13
is different. By producing Annexure R2(a), the
respondents contended that petitioner No.13
relinquished his rights for posting in the Armed
Reserve, in writing. The difference in his case is
that, unlike the other petitioners who claimed that
they were unable to give the option for by transfer
appointment to Armed Reserve on previous occasions, due
to some personal inconveniences, the petitioner No.13
had relinquished his right to be appointed, in writing.
In this context, it is relevant to refer to Rule 38 of
Part II KS&SSR which reads as follows:
"38. Relinquishment of rights by members.- Any
person may, in writing, relinquish any right or
privilege to which he may be entitled under these
rules or the Special Rules, if, in the opinion of
the Appointing Authority, such relinquishment is
not opposed to public interest; and nothing
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
contained in these rules or the Special Rules
shall be deemed to require the recognition of any
right or privilege to the extent to which it has
been so relinquished.
[Provided that request for relinquishment of
right for promotion/appointment by transfer to a
post, under the above rule, shall not be allowed
if such request for relinquishment is submitted by
the employee on or after the date of order by
which the person was promoted or appointed by
transfer to the said post.]
Explanation - The relinquishment of the right
for promotion 1
[or appoint by transfer] under this
Rule shall entail loss of seniority and a
relinquishment of the right for promotion 1
[or
appointment by transfer] shall not be permissible
unless such relinquishment entails loss of
seniority."
The effect of Rule 38 is that if an employee
relinquishes in writing any right or privilege to which
he is entitled under the KS&SSR or the Special Rules
applicable to him, it is not required to recognize any
right or privilege to the extent to which it has been
1 Amended as per the Kerala State and Subordinate Services (3rd
Amendment) Rules, 2023. Published in the Official Gazette dated
4/12/2023
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2025:KER:24006
so relinquished. Thus, the next question to be
considered is, whether a Police Constable who is
eligible to be appointed to an Armed Reserve by virtue
of his seniority, when relinquishes that privilege and
later, based on his subsequent request, if he is posted
in the Armed Reserve, should he be given seniority over
those who have been given by-transfer appointment to
the Armed Reserve in the meanwhile?
20. As discussed above, the moment when a Constable
is appointed in the Armed Reserve, he would be entitled
to get the benefit of Rule 3 (2) of the Special Rules
for reckoning seniority on the basis of his date of
advice. When he relinquishes his right to be appointed
in the Armed Reserve in writing, Rule 38 mandates that
nothing contained in the Special Rules shall be deemed
to require the recognition to the extent to which it
has been so relinquished. When an officer relinquishes
his right or privilege to get appointed in the Armed
Reserve based on his seniority, essentially he
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2025:KER:24006
relinquishes his right/privilege based on the
seniority. Hence, he cannot later claim seniority over
those who were appointed superseding him. Otherwise, it
would amount to conferring him the benefit of the
initial appointment, which he had relinquished. When he
relinquishes the incidents of his seniority, viz., a
right or privilege, he cannot later turn around and
claim it back on getting by transfer appointment in a
future turn. In such circumstances, Rule 38 would
hinder him from claiming seniority relying on the
provisions of the Special Rules, as against those who
have been appointed during the interregnum period.
21. Sri.Ranjith Thampan, the learned Senior Counsel
appearing for the petitioners, contended that Rule 38
has no application in the present case, as Rule 3 of
the Special Rules would override the general provisions
contained in Rule 38. We are not able to accept the
said argument. There is no specific provision in the
Special Rules in respect of the effect of
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2025:KER:24006
relinquishment of rights of an employee. On the
contrary, Rule 38 takes in very specifically the
consequence of relinquishment of the rights or
privileges conferred by the Special Rules. It further
provides that when such right or privilege is
relinquished in writing, nothing contained in the
Special Rules shall be deemed to recognise any right or
privilege so relinquished. In the absence of any
specific provision in the Special Rules concerned for
overriding the effect of the above clause, Rule 38 will
be applicable to the members of the Special Rules.
22. It is contended by Sri.T.G.Sunil that Rule 38 has
application only in the case of promotion and thus the
consequences of relinquishment should not be extended
to the case of appointment by transfer. It is difficult
to accept the said contention. It is significant to
note that before the recent amendment made to Rule 38,
the words "promotion or appointment by transfer" were
not mentioned in the main part of Rule 38. The main
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
provision states about relinquishment of any right or
privilege to which a member of a service is entitled and
its consequences. If a person is eligible to be placed
to any other grade/post/cadre or service on the basis
of his seniority or such other criteria, it is a right
or privilege conferred upon him, irrespective of
whether it is by way of promotion or appointment by-
transfer. If he relinquishes that privilege/right in
writing, he cannot later on change his stance and say
that he should be considered senior to those who have
been placed on such grade/post/cadre or service (by
promotion or appointment by transfer) in the meanwhile.
This is the principle emanating from the main clause of
Rule 38, even without the help of the later part of the
provision, in the form of a newly added proviso and the
pre-existing explanation, which was also recently
subjected to an amendment to add the terms 'appointment
by transfer'.
23. Sri.T.G.Sunil, the learned counsel appearing for
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
the respondents in O.P.(KAT)No.362/2022, referred to
the decisions of this Court in State of Kerala v.
Suseela George (2000(3)KLT 295) to support his
contentions. In fact, in the said decision, this Court
was considering a different issue. The petitioner
therein had declined provisional promotion and then a
declaration was obtained from him presumably as
envisaged under Rule 38 of the KS&SSR. Then the
Division Bench held that it is reasonable to assume
that the relinquishment of promotion referred to in the
Explanation to Rule 38 pertains to regular promotion
and not provisional promotion. The said decision cannot
be applied in the present circumstances.
24. An explanation clause was added to Rule 38 by
G.O.(P)No.280/1982/GAD. dated 15.09.1982. By the said
Explanation, it was clarified that a relinquishment of
the right for promotion under Rule 38 shall not be
permissible unless such relinquishment entails loss of
seniority. Though the term "promotion" is specifically
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2025:KER:24006
mentioned in the Explanation, that does not mean that
the substantive part of Rule 38 is applicable only in
the case of promotion, when wider terms like 'any
rights or privilege' are used therein. In this limited
context, the latest amendment to Rule 38 further adds
the term "appointment by transfer" as well in the
Explanation. Therefore even if the term 'appointment by
transfer' is added to the Explanation clause only
recently, the wider operation of the principal clause
cannot be limited from the date of the new amendment
alone.
25. Thus it is to be concluded that if a Police
Constable has relinquished his right to get appointed
in the Armed Reserve through by transfer method, he
cannot claim seniority over those persons who have been
appointed prior to his joining the said cadre later.
26. We are not impressed by the contentions of the
respondents that the petitioners should not be given
seniority because earlier they had opted for permanent
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
retention in the Armed Police Battalion and thereby
availed extra monetary benefits and thus later they
should not be placed senior to the persons who have
already joined the Armed Reserve/Local Police and
served with lesser emoluments. When the statutory
provision explicitly provides the criteria to be
reckoned to accord seniority, such incidental aspects
which are part of the conditions of service could not
be projected as a ground to defeat the effect of the
provisions in the Rule. If a Police Constable working
in the Armed Police Battalion did not opt for a by-
transfer appointment to the Armed Reserve on a previous
occasion, that will not affect his seniority in the
absence of any specific statutory instruction,
particularly in view of the contrary provision in Rule
3(2) of the Special Rules. Suppose a Police Constable
abstains from submitting willingness for by transfer
appointment, that cannot be considered as a
relinquishment of right within the meaning of Rule 38.
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2025:KER:24006
The inaction on the part of a candidate is not
sufficient for visiting with the consequences envisaged
in Rule 38. Only in a case where he relinquishes his
privileges in writing, Rule 38 can be invoked.
27. The respondents in this original petition were
appointed as Police Constables in the Armed Police
Battalion pursuant to the advice of the Public Service
Commission on 26.10.1992. Upon completion of the
mandatory lock-in period, they were transferred to the
District Armed Reserve Ernakulam between 1995 and 1996,
respectively. They initially relinquished their
transfer to the Local Police for one-year period. But
later, they were posted in the Local Police during
1998-2001. As they were aggrieved by the seniority
fixed by the department (in the Local Police Cadre)
without taking into account their seniority based on
the date of effective advice by the Public Service
Commission, they approached the Kerala Administrative
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
Tribunal for fixation of seniority based on the
criteria fixed by Rule 3 (2) of the Special Rules.
28. The Tribunal found that in view of the law laid
down by this Court in Pookunju A. & Others v.
B.Anandakuttan Nair & Others (MANU/KE/2637/2019) and by
virtue of the provisions contained in Rule 3(2) of the
Special Rules, the respondents are entitled to get
their seniority fixed on the basis of the first
effective date of advice. Aggrieved by the said
direction, the State has come up with this original
petition.
29. It is not in dispute that the respondents in
this case had relinquished their claim for appointment
by transfer to the Local Police for a period of one
year. During the period of their relinquishment, Police
Constables immediately junior to them were appointed in
the Local Police over the turn of the respondents. The
Department assigned seniority to those persons who were
appointed during that time, over the present
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
respondents.
30. In view of the above discussion, it is to be
clarified that the respondents who relinquished their
claim for appointment by transfer to the Local Police
for a period of one year cannot claim seniority over
those persons who have been appointed during the
interregnum period, by virtue of the provisions
contained in Rule 38 of Part II KS&SSR.
31. In the result:
O.P.(KAT)No.68/2022 is allowed. The impugned order is
set aside. The Department shall assign seniority to the
petitioners on the basis of their date of advice,
within two months. However, they are not entitled to
claim seniority over any persons who have been
appointed to the Armed Reserve or Local Police during
the period of relinquishment, if any, made by the
petitioners in writing.
O.P.(KAT)No.362/2022 is also allowed and the impugned
order is set aside. It is clarified that though the
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
respondents are entitled to claim seniority as per Rule
3(2) of the Special Rules, they cannot claim seniority
over any persons who have been appointed during the
period of relinquishment, if any made, by them in
writing.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P.KRISHNA KUMAR
JUDGE
sv
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
APPENDIX OF OP(KAT) 362/2022
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF G.O. (P)NO.33/1989/HOME DATED
10.03.1989.
Annexure A2 TRUE COPY OF THE LETTER DATED 23.10.2013 OF
THE 2ND RESPONDENT.
Annexure A3 TRUE COPY OF THE G.O. (P)NO.268/2010/HOME
DATED 10.12.2010.
Annexure A4 TRUE COPY OF G.O. (RT)NO.2511/2015/HOME
DATED 06.10.2015 AND CLEAR COPY
Annexure A5 TRUE COPY OF G.O. (RT)NO.969/2016/HOME
DATED 17.03.2016.
Annexure A6 TRUE COPY OF THE LETTER DATED 24.11.2015 OF
THE 4TH RESPONDENT.
Annexure A7 TRUE COPY OF THE ORDER DATED 15.11.2018 OF
THIS HONOURABLE TRIBUNAL IN O.A.
(EKM)NO.1648 OF 2016.
Annexure A8 TRUE COPY OF G.O. (P)NO.28/2017/HOME DATED
16.02.2017.
Annexure A9 TRUE COPY OF THE JUDGMENT DATED 07.08.2019
OF HONOURABLE HIGH COURT OF KERALA IN
OP(KAT)NO.506 OF 2017 AND CONNECTED CASES.
Annexure A10 TRUE COPY OF ORDER NO.A3- 19802/2019/EC
DATED 22.10.2019.
Annexure A11 TRUE COPY OF ORDER DATED 07.11.2019 OF THIS
HONOURABLE TRIBUNAL IN MA(EKM)NO.2017 OF
2019 IN O.A(EKM)NO. 1648/2017.
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
Annexure A12 A TRUE COPY OF THE PROCEEDINGS NO.A3-
143/2020/EC(1) DATED 23.01.2020 OF THE
DEPUTY INSPECTOR GENERAL AND ADDITIONAL
COMMISSIONER OF POLICE, CITY POLICE OFFICE,
KOCHI CITY.
Annexure A13 A TRUE COPY OF THE PROCEEDINGS NO.A3-
143/2020/EC DATED 23.01.2020 OF THE DEPUTY
INSPECTOR GENERAL AND ADDITIONAL
COMMISSIONER OF POLICE, CITY POLICE OFFICE,
KOCHI CITY.
Exhibit P1 TRUE COPY OF THE O.A.(EKM) NO.602/2020
ALONG WITH ANNEXURES.
Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 27.06.2022
INO.A.(EKM)NO.602/2020.
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
APPENDIX OF OP(KAT) 68/2024
PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF LETTER NO.A1(A)/1114/06-APB
DATED 11/01/2007 ISSUED BY THE INSPECTOR
GENERAL OF POLICE (8 APB & TP.
Annexure A2 TRUE COPY OF ORDER NO.S.0 NO.58/2010/APB
DATED 11/05/2010 OF THE I.G OF POLICE A.P
BATTALION
Annexure A3 TRE COPY OF G.O(MS) NO.268/2010/HOME DATED
10/12/2010
Annexure A4 TRUE COPY OF REPRESENTATION SUBMITTED BY
THE 1ST APPLICANT DATED 06/06/2020 TO THE
2™ RESPONDENT
Annexure A5 TRUE COPY OF REPRESENTATION SUBMITTED BY
THE 11TH APPLICANT DATED 25/09/2019 TO 2ND
RESPONDENT
Annexure A6 THE TRUE COPY OF THE REPRESENTATION DATED
03/11/2020 SUBMITTED BY THE 24TH APPLICANT
Annexure A7 TRUE COPY OF ORDER NO.A3/303/2018-HOME
DATED 14/11/1019 OF THE 1ST RESPONDENT
Annexure A8 TRUE COPY OF THE LETTER NO.A1/44/2021-HOME
[DATED 20/07/2021 OF THE 1ST RESPONDENT
Annexure A9 TRUE COPY OF THE NOTIFICATION NO. GOP
G.0(P)BO/125/80/HOME DATED 26/12/1980 OF
1ST RESPONDENT
Annexure A10 TRUE COPY OF THE NOTIFICATION
G.O(P)N0.33/89/HOME DATED 10/03/1989 OF R1
Annexure A 11 TRUE COPY OF THE G.O(P)NO.28/2017/HOME
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
DATED 16/02/2017 OF THE 1ST RESPONDENT
Annexure A12 TRUE COPY OF THE JUDGEMENT OF THE HON'BLE
HIGH COURT IN O.P(KAT) NO.506/2017 DATED
7.8.2019
AnnexureA13 TRUE COPY OF THE ORDER NO. B.O
NO.527/1998/KAP 2 DATED 16.10.1998 OF THE
COMANDANT KAP2 BN PALKKAD
Annexure R2(a) TRUE COPY OPTION OF SRI .C.T. BABU RAJ
Exhibit P1 TRUE COPY OF THE LETTER NO.L2-96425 /08
DATED 06.10.2009 ISSUED BY THE DIRECTOR
GENERAL OF POLICE TO THE INSPECTOR GENERAL
OF POLICE
Exhibit P2 TRUE COPY OF O.A. NO. 2094 OF 2021 FILED
BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL,
PRINCIPAL BENCH AT THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE SECOND RESPONDENT ON
23.02.2022 IN O.A. NO. 2094 OF 2021
Exhibit P4 TRUE COPY OF THE REPLY STATEMENT FILED ON
BEHALF OF THE FIRST RESPONDENT ON
23.03.2022 IN O.A. NO. 2094 OF 2021
Exhibit P5 TRUE COPY OF THE REJOINDER FILED BY THE
APPLICANTS IN OA.2094/2021 ON 17.05.2022
Exhibit P6 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT
FILED ON BEHALF OF THE SECOND RESPONDENT ON
24.11.2022
Exhibit R2(b) TRUE COPY OF DO 670/99/P DATED 6/12/99
Exhibit P7 TRUE COPY OF THE REJOINDER FILED BY THE
APPLICANTS IN OA.2094/2021 ON 19.12.2022
OP(KAT) Nos.68/2024 & 362/2022
2025:KER:24006
Exhibit P8 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT
FILED ON BEHALF OF THE FIRST RESPONDENT ON
Exhibit P9 TRUE COPY OF THE ORDER OF THE KERALA
ADMINISTRATIVE TRIBUNAL IN O.A. NO. 2094 OF
2021 DATED 04.04.2023
Exhibit P10 TRUE COPY OF THE JUDGMENT IS WP(C) NO.
17241/2020 DATED 2.8.2022 OF THIS HON'BLE
COURT
