High Court of KeralaDivision Bench2022-01-06Disposed of

OP(KAT) No. 284 of 2020

Case / Petition Number:OP(KAT) No. 284 of 2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Alexander Thomas, J.
Viju Abraham, J.
Judgment Date: 2022-01-06
Court Decision / Holding: The Original Petition (OP(KAT) No. 284 of 2020) stands disposed of. The High Court directed that the Tribunal should proceed to final disposal of the main OA with urgency (within two months) and allowed the respondents to file their replies within one month. It observed that there is no necessity to adjudicate the interlocutory aspects at this stage and noted the Supreme Court’s guidance on substantive vacancies, which requires cogent materials before directing reporting of vacancies. The interim order dated 30.06.2020 remains a matter for the Tribunal to resolve in the context of the main OA.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

State of Kerala
State Police Chief
Additional Director General of Police, Armed Police Battalion

Respondents

Suraj R.S.
Praveen A.G.
Rajesh T.R.
Jithin C.B.
Abhijith K.M.
Nidhinraj K.R.
Shyam C.A.
Hanish T.H.
Akshay V.U.
Abhishek P.P.
Kerala Public Service Commission (KPSC)

Legal Representation & Advocates

Counsels for Petitioners

• Sri Antony Mukkath

Counsels for Respondents

• Sri P. Nandakumar
• Sri Amrutha Sanjeev
• Sri P.C. Sasidharan

Case Synopsis & Summary

This Original Petition (OP) arises from an interim order of the Kerala Administrative Tribunal (Ernakulam) dated 30 June 2020 in OA(Ekm) No.875/2020, directing the reporting of 650 Civil Police Officer (Police Constable) vacancies under Category No.657/2017 in the Armed Police Battalion to the Kerala Public Service Commission (PSC) via the 4th respondent. The petitioners—State of Kerala, the State Police Chief, and the Additional Director General of Police (Armed Police Battalion)—challenge the interim order under Articles 226 and 227 of the Constitution, contending that there are no cogent materials establishing substantive vacancies to warrant further reporting and that the Tribunal’s direction bypasses the principles laid down by the Supreme Court in recent decisions. The respondents in OA (R1–R10) and the PSC support the order, arguing urgency to fill vacancies before the expiry of the Annexure A2 ranked list dated 01/07/2019 and to preserve the integrity of the recruitment process. The High Court admitted the petition, stayed the interim order for four weeks (subsequently not extended), and, while refraining from delving into interlocutory questions, emphasised the need for an early final disposal of the main OA. It relied on a Supreme Court decision concerning substantive vacancies and disposed of the petition with directions for prompt adjudication of the main matter, keeping the interim order in abeyance for the time being.

Provisions of Law Cited

Constitution of India Article 226Constitution of India Article 227

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the 650 vacancies cited in the Tribunal’s interim order had already been reported prior to the order and that the reported vacancies were within the existing framework. They contended that there were no cogent, relevant materials to justify additional vacancies and urged the High Court to set aside the interim order in light of the Supreme Court’s recent guidance on substantive vacancies, including practices that restrict courts from compelling reporting of vacancies.

Contentions of Respondents

The respondents contended that the interim order was warranted to promptly report vacancies to the PSC given the expiry of the ranked list and the necessity to maintain the recruitment process’s integrity. They emphasized the need to adhere to the Tribunal’s directions to avoid vacancies remaining unfilled and to ensure continued operational readiness of the Armed Police Battalion.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Director of Indian System of Medicine & Anr. v. Dr.Susmi C.T. & Anr.	2021 SCC Online SC 1188	Mentioned Only	Cited as persuasive authority to underscore that tribunals/High Courts should consider substantive vacancies and cogent materials before directing reporting of vacancies; not treated as a binding or central holding of the present decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **&** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **THURSDAY, THE 6[TH] DAY OF JANUARY 2022 / 16TH POUSHA, 1943 OP(KAT) NO. 284 OF 2020** **AGAINST THE ORDERIN OA (EKM).NO.875/2020 OF THE KERALA** **ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS 1 TO 3 IN O.A.:** - **1 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695010.** - **3 THE ADDITIONAL DIRECTOR GENERAL OF POLICE, ARMED POLICE BATTALION, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695010.** **BY SRI.ANTONY MUKKATH, SENIOR GOVERNMENT PLEADER** ## **RESPONDENTS/APPLICANTS & 4TH RESPONDENT IN O.A.:** - **1 SURAJ R.S., S/O. SUTHAN K.V., REVATHY HOUSE, KADAKKARAPPALLY P.O., VETTACKAL, CHERTHALA, ALAPPUZHA-688529.** - **2 PRAVEEN A.G., S/O. GOPI A.K., ALLADATHUPARAMBIL HOUSE, URAKKAM P.O., THRISSUR-680562.** - **3 RAJESH T.R., S/O. RAJAN T.V., THEKKOOT HOUSE, VALLACHIRA P.O., THRISSUR-680562.** - **4 JITHIN C.B., S/O. BABU C.P., CHERADAYI HOUSE, INCHAKANDU P.O., THRISSUR -680312.** O.P.(KAT) No. 284 of 2020 2 - **5 ABHIJITH K.M., S/O. MANOHARAN K.M., KADAVIL HOUSE NANDIPULAM P.O., THRISSUR-680312.** - **6 NIDHINRAJ K.R., S/O. RAJAN K.R., KEEDAYIL HOUSE, CHENGALOOR P.O., THRISSUR-680312.** - **7 SHYAM C.A., S/O. ASOKAN, CHALLIYIL HOUSE, AZHICODE P.O., KODUNGALLUR, THRISSUR-680666.** - **8 HANISH T.H., S/O. HARIDAS T.V., THAKARAMPARAMBIL HOUSE, KUZHIKKATTUSSERY P.O., THRISSUR -680697.** - **9 AKSHAY V.U., S/O. UNNIKRISHNAN V.P., VALIYAPARAMBIL HOUSE, PULLUT (N) P.O., THRISSUR-680663.** - **10 ABHISHEK P.P., S/O. PEETHAMBARAM P.V. PARAMBATH HOUSE, MARAVANCHERY, CHENGALOOR P.O., THRISSUR-680312.** - **11 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM THIRUVANANTHAPURAM-695004.** - **ADV. SRI.P.NANDAKUMAR, R1 TO R10 ADV. SMT.AMRUTHA SANJEEV SRI.P.C.SASIDHARAN, STANDING COUNSEL FOR R11** **THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** O.P.(KAT) No. 284 of 2020 3 ## ALEXANDER THOMAS & VIJU ABRAHAM, JJ. ================================================= O.P.(KAT) No. 284 of 2020 [a _rising out of the impugned interim order dated 30.6.2020 in O.A.(Ekm) No.875/2020 on the file of the KAT, Thiruvananthapuram Bench]_ ================================================= Dated this the 6[th] day of January, 2022 ## J U D G M E N T ## ALEXANDER THOMAS, J. The contesting respondents 1 to 10 herein have filed the instant Ext.P-1 Original Application O.A.(Ekm) No. 875/2020 before the Kerala Administrative Tribunal, Ernakulam Bench, with the following prayers: - _“(i) To direct respondents 2 and 3 to report 650 vacancies of Civil Police Officer (Police Constable) (Armed Police Battalion) under Cat. No. 657/2017 to the 4[th] respondent forthwith before the expiry of Annexure A2 ranked list on 30.06.2020._ - _(ii) To direct the 4[th] respondent to advice the applicants against the reported vacancies from Annexure A2 ranked list._ - _(iii) To issue such other orders or directions as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”_ 2. The interim prayer raised in Ext.P-1 O.A. is as follows: _“To direct respondents 2 and 3 to provisionally report 650 vacancies of Civil Police Officer (Police Constable) (Armed Police Battalion) under Cat. No.657/2017 to the 4[th] respondent before the expiry of Annexure A2 ranked list on 30.06.2020.”_ 3. The Tribunal has rendered the impugned Ext.P-2 interim order dated 30.6.2020 in the above O.A. directing respondents 2 & 3 therein to report 650 vacancies of Civil Police Officer (Police Constable) in Armed Police Battalion under Category No.657/2017 to R-4 in the O.A. (Kerala O.P.(KAT) No. 284 of 2020 4 Public Service Commission) so as to reach the office of the PSC that day itself (30.6.2020) inasmuch as, Anx.A-2 ranked list dated 1.7.2019 was to expire on 30.6.2020. Being aggrieved by the said impugned interim order dated 30.6.2020 rendered by the Tribunal, respondents 1 to 3 in the O.A., mainly the State of Kerala & the Police Departmental authorities concerned, have preferred the instant Original Petition under Articles 226 & 227 of the Constitution of India with the following prayers: _“....set aside Exhibit P2 Order dated 30.06.2020 in O.A.(Ekm) No.875/2020 on the file of the Honourable Kerala Administrative Tribunal, Thiruvananthapuram, Additional Bench, Ernakulam by allowing this Original Petition.”_ 4. Heard Sri.Antony Mukkath, learned Senior Government Pleader appearing for the petitioners in the O.P./respondents 1 to 3 in the O.A., Sri.P.Nanadakumar, learned counsel appearing for contesting respondents 1 to 10 in the O.P./original applicants in the O.A. and Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission (PSC), appearing for R-11 in the O.P./R-4 in the O.A. 5. The above Original Petition was admitted by this Court on 17.9.2020 on which day this Court had also ordered that there will be a stay of operation of the impugned order of the Tribunal for a period of 4 weeks. Thereafter, it appears that the stay order has not been extended by this Court. The plea taken by the petitioners in the O.P. is that the 650 vacancies covered by the impugned Ext.P-2 interim order dated 30.6.2020 has already O.P.(KAT) No. 284 of 2020 5 been reported by the petitioners in the O.P. even prior to interim order dated 30.6.2020 and prior to expiry of rank list and therefore, there was no necessity to report any further vacancies, and that if at all the Tribunal considered that the 650 vacancies covered by Ext.P-2 is in addition to the 650 vacancies already reported, then the said order is patently illegal and wrong. 6.Sri. Antony Mukkath, learned Senior Government Pleader appearing for the petitioners would also place reliance on a recent decision of the Three Judges Bench of the Apex Court rendered on 8.12.2021 in the case in _**The Director of Indian System of Medicine & Anr. v. Dr.Susmi C.T. & Anr.**_ in Civil Appeal arising out of SLP(C) Nos. 24214-24221 of 2019 [reported in _**2021 SCC Online SC 1188**_ ] wherein it has been held by the Apex Court that unless there are cogent and relevant materials to rebut the pleas of the Department in the matter of existence of substantive vacancies, it may not be right and proper for the Tribunal or for the High Court to issue orders for reporting of vacancies by the appointing authority to the PSC, etc. 7. After hearing both sides, at this stage, there is no necessity for us to get into the correctness of the interim order. The interim order has been rendered as early as on 30.6.2020 and the stand of the petitioners is that the 650 vacancies covered by Ext.P-2 interim order have already been reported to the PSC. They also have a case that the direction that vacancies O.P.(KAT) No. 284 of 2020 6 can be reported only in accordance with the parameters and principles laid down by the Apex Court in the recent decision referred to in _**Dr.Susmi C.T.'s**_ case supra. This Court had granted interim stay of the impugned Ext.P-2 interim order on 17.9.2020 for 4 weeks, and the said interim order has not been extended thereafter. At this point of time, we feel that it is for the Tribunal to immediately bestow their earnest and serious attention to ensure the early final disposal of the main matter in Ext.P-1 O.A.(Ekm) No. 875/2020 without any further delay. Hence, there is no necessity for us to get into the interlocutory aspects. 8. The respondents in the O.A. may ensure that they may file their reply statement in the matter within one month if they so desire. The Tribunal may ensure the early final disposal of main matter in above O.A. within 2 months thereafter, taking note of the fact that in a matter like this, the final verdict would be imperative as the ranked list has already been expired. With these observations and directions, the above Original Petition (KAT) will stand disposed of. **==> picture [25 x 13] intentionally omitted <==** ALEXANDER THOMAS, JUDGE **==> picture [158 x 28] intentionally omitted <==** MMG O.P.(KAT) No. 284 of 2020 7 ## **APPENDIX OF OP(KAT).NO.284/2020** ## **PETITIONERS' ANNEXURES:** **ANNEXURE A1 TRUE COPY OF NOTIFICATION DATED 30/12/2017 FOR THE POST OF CIVIL POLICE OFFICER (POLICE CONSTABLE) (ARMED POLICE BATTALION) UNDER CATEGORY NO.657/2017 ISSUED BY THE 4TH RESPONDENT. ANNEXURE A2 TRUE COPY OF RELEVANT EXTRACT OF RANKED LIST NO.371/2019/DOR DATED 01/07/2019 ISSUED BY THE 4TH RESPONDENT. ANNEXURE A3 TRUE COPY OF STATUS OF POSTS UNDER CATEGORY NO.657/2017 AVAILABLE IN THE WEBSITE OF THE 4TH RESPONDENT. ANNEXURE A4 TRUE COPY OF DGO NO.510/2020/PHQ DATED 10/03/2020 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A5 TRUE COPY OF QUERY UNDER RTI ACT DATED 25/04/2020 SUBMITTED BY THE 6TH APPLICANT BEFORE THE PUBLIC INFORMATION OFFICER KAP II BATTALION. ANNEXURE A6 TRUE COPY OF LETTER NO. G3-10730/2020/KAP-11 DATED 14/05/2020 ISSUED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO KAP II BATTALION WITH MISCELLANEOUS APPLICANTS. EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH ANNEXURES. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30/06/2020 IN OA (EKM) NO.875/2020. EXHIBIT P3(A) TRUE COPY OF ANTICIPATED VACANCIES CONSEQUENT ON PROMOTION UP TO SUB INSPECTORS DATED 01/02/2019. EXHIBIT P3(B) TRUE COPY OF FRESH VACANCIES (AROSE DUE TO CREATION AND EXISTING) DATED 02/02/2019. EXHIBIT P3( C) TRUE COPY OF FRESH AND ANTICIPATED VACANCIES DURING THE YEAR 2019 DATED 26/02/2019. EXHIBIT P3(D) TRUE COPY OF NJD VACANCIES DATED 27/12/2019. EXHIBIT P3(E) TRUE COPY OF FRESH VACANCIES DUE TO TEMPORARY DEPUTATION TO SISF DATED 03/02/2020. EXHIBIT P3(F) TRUE COPY OF NJD VACANCIES DATED 12/03/2020.** O.P.(KAT) No. 284 of 2020 8 |**EXHIBIT P3(G)**|**TRUE COPY OF NJD VACANCIES DATED 18/05/2020.**| |---|---| |**EXHIBIT P3(H)**|**TRUE COPY OF FRESH VACANCIES DATED**| ||**25/06/2020.**| |**EXHIBIT P3(I)**|**TRUE COPY OF NJD VACANCIES DATED 25/06/2020.**| |**EXHIBIT P3(J)**|**TRUE COPY OF FRESH VACANCIES DUE TO**| ||**RESIGNATION DATED 29/06/2020.**| |**EXHIBIT P4**|**TRUE COPY OF THE CHART SHOWING THE VACANCY**| ||**REPORTED DETAILS AS ON 30/06/2020.**|