Sanal Kumar B v. Kerala Public Service Commission and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS`** ## **`&`** ## **`THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN`** ``` WEDNESDAY, THE 5[TH] DAY OF JULY 2023 / 14TH ASHADHA, 1945 ``` ## **`OP(KAT) NO. 279 OF 2023`** ## **`AGAINST THE ORDER/JUDGMENTOA 550/2019 OF KERALA ADMINISTRATIVE`** ## **`TRIBUNAL, THIRUVANANTHAPURAM`** ## **`PETITIONERS:`** ``` SANAL KUMAR B AGED 38 YEARS S/O V. BABU, FORMERLY CIVIL POLICE OFFICER, NOW WORKING AS ASSISTANT UNIVERSITY OF KERALA, RESIDING AT VISMAYAM, TC 36/3023(2) NRRA 151/3, NETHAJI ROAD, VATTIYOORKAVU P.O, THIRUVANANTHAPURAM, KERALA, PIN - 695013 ``` ``` BY ADVS. P.NANDAKUMAR AMRUTHA SANJEEV VIVEK VIJAYAKUMAR RIYA TOMY ``` ## **`RESPONDENTS:`** ``` 1KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE P.O, THIRUVANANTHAPURAM, PIN - 695004 ``` ``` 2STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 ``` ``` 3THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695013 4THE COMMANDANT SPECIAL ARMED POLICE THIRUVANANTHAPURAM, PIN - 695005 ``` ``` SRI. P.C.SASIDHARAN-SC ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ## ALEXANDER THOMAS & C. JAYACHANDRAN, JJ. ================== ## OP(KAT) No.279/2023 (Arising out of the order dated 24.06.2020 in OA No.550/2019 of the KAT, TVM Bench and order dated 27.07.2022 in RA No.5/2022 in OA No.550/2019 on the file of KAT, TVM) ================== Dated this the 5[th] day of July, 2023 ## J U D G M E N T ## ALEXANDER THOMAS, J. The afore captioned Original Petition has been filed under Articles 226 & 227 of the Constitution of India is directed against Ext.P1 final order dated 24.06.2020 in OA No.550/2019 rendered by the KAT, Thiruvananthapuram Bench and Ext.P2 final order dated 27.07.2022 dismissing RA No.5/2022 filed by the petitioner herein to impugn Ext.P1 verdict in the above OA. The petitioner herein is the sole applicant in the OA and the respondents herein are the respondents in the OA. 2. The prayers in Ext.P3 OA No.550/2019 filed by the petitioner herein before the KAT, Thiruvananthapuram Bench are as follows: “Direct the 1[st] respondent to consider the service certificate to be produced by the applicant, after reversion of the Police Department and permit him to attend the interview for the post of Sub Inspector of Police under Constabulary quota. 2. Direct the 2[nd] and 3[rd] respondents to allow the request for repatriation of the applicant to the parent department urgently OP(KAT) No.279/2023 - : 2 :- and issue him a service certificate allowing him all the benefits envisaged under Rule 8, Part II, KSR for production before the 1[st] respondent. 3. Any other further relief or order as this Court may deem fit and proper to meet the ends of justice.” 3. The prayers in Ext.P7 Review Application, RA No.5/2022 filed by the petitioner herein in OA No.550/2019 before the Tribunal are as follows: “(i) To allow the review application by reviewing order dated 24.06.2020 in OA No.550/2019 by deleting the words “atleast a week before the expiry of the ranked list” in direction No.(ii) in Annexure RA1. (ii) To issue such other orders or directions, as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.” 4. The Tribunal after hearing both sides has rendered Ext.P1 final order dated 24.06.2020, disposing of OA No.550/2019 with the following directions as per paragraph No.16 therein, which reads as follows: “16. For the above reasons, the Original Application is disposed of with the following directions:- (i) In the event of the applicant getting repatriation to the Police Department, the 2[nd] and 3[rd] respondent shall see that a service certificate is issued to him within two weeks from his joining the Police Department. (ii) If the applicant produces a service certificate issued by the Police Department, atleast a week before the expiry of the ranked list, the 1[st] respondent shall consider the same and include him in Annexure MA3 ranked list on the basis of his performance in the selection process taking note of the marks obtained in the common interview conducted for Category 163/2015 and Category 171/2015. OP(KAT) No.279/2023 - : 3 :- (iii) The inclusion of the applicant in the ranked list shall not adversely affect the rights of the candidates already adviced from the said list. (iv) The PSC shall issue necessary orders within a week from the date of production of the service certificate by the applicant.” 5. A reading of Ext.P1 verdict would show that the Tribunal has substantially allowed many pleas of the petitioner herein/applicant by issuing the above-said directions and by even directing that in case the applicant produces the service certificate issued by the Police Department atleast a week before the expiry of the ranklist in question, then R1 in the OA (PSC) shall consider the same and include him in Annexure MA3 ranklist for the post of Sub Inspector of Police from the feeder source of Graduate Police Constabulary, on the basis of his performance in the selection process and taking note of the marks obtained in the common interview conducted for the post in question. Further it is also ordered therein that the inclusion of the applicant in the ranklist shall not adversely affect the rights of the candidates already advised from the said list. It was also directed that the PSC shall issue necessary orders within a period of one week from the date of production of the service certificate as aforesaid. It appears that petitioner was initially a member of the Police Constabulary and he had participated in the OP(KAT) No.279/2023 - : 4 :- selection process for selection and appointment to the post of Constable of Police from the feeder source of Graduate Police Constabulary. Before the finalization of the ranklist in question by the PSC, the applicant had got selected and was offered appointment order as Assistant in the service of the Kerala University, which he accepted. His case was that he had not formally resigned from the Police force and he was given permission to be relieved from his post as Civil Police Officer in the Police force to take up the appointment in the University service and that he has the right to get repatriation in the Police Department as he has not resigned, in view of the mandatory provisions contained in Rule 8 of KS&SSR Part II and in the light of the rulings of the Apex Court in cases as in Balakrishnan Nair vs. Ram Mohan Nair [1998 (1) KLT 766 (FB)] as affirmed by the Apex Court in Ali Vs. State of Kerala [2003 (2) KLT 922 (SE)] etc. The abovesaid pleas have been substantially allowed by the Tribunal, as can be seen from a reading of the directions issued by the Tribunal at paragraph No.16 of Ext.P1 verdict of the OA. The matter did not end there. That the applicant could not get service certificate from the Police Department within the time limit allotted by the Tribunal. Faced with the said situation, the applicant had filed Ext.P7 Review OP(KAT) No.279/2023 - : 5 :- Application, RA No.5/2022 in OA No.550/2019 before the Tribunal. The said Review Application has been now dismissed by the Tribunal, as per the impugned Ext.P2 final order dated 27.07.2022, whereby the Tribunal has dismissed Review Application, RA No.5/2022. Ext.P7 Review Application has been filed before the Tribunal on 18.03.2022. 6. A reading of Ext.P2 final order passed by the Tribunal, dismissing the above Review Application would show that the plea for review has been dismissed on 27.07.2022, predominantly for the reason that the very currency of the ranklist prepared by the PSC had by then, expired long ago. Further, even at the time when the Review Application was filed on 18.03.2022 and when the Review Application was dismissed as per Ext.P2 on 27.07.2022, the applicant could not secure the necessary service certificate from the Police Department, to show that he is the member of the Police force. We are told by the learned Standing Counsel for the Kerala Public Service Commission that the ranklist for the abovesaid selection to the post of Sub Inspector of Police from the feeder source of Graduate Police Constabulary had expired as early as on 13.03.2020, whereas Sri.P.Nandakumar, learned Counsel appearing for the petitioner OP(KAT) No.279/2023 **==> picture [28 x 8] intentionally omitted <==** would urge that the said ranklist had expired only on 30.11.2020 in view of the pre-amended provisions contained in the first proviso to Rule 13 of the Kerala Public Service Commission (Rules of Procedures). We need not enter into the dispute as to when the ranklist has expired for the simple reason that even going by the case of the applicant, the ranklist has expired on 30.11.2020. In the light of these aspects, the Tribunal cannot be faulted in any manner for having dismissed the Review Application. We do not find any valid grounds to interfere with the verdicts of the Tribunal in the Original Application as well as in the RA. With these observations and directions, the above Original Application will stand dismissed. **==> picture [27 x 14] intentionally omitted <==** ## ALEXANDER THOMAS, JUDGE sd/- - C. JAYACHANDRAN, JUDGE Nsd ## **`APPENDIX OF OP(KAT) 279/2023`** |`PETITIONER ANNEXURES`|| |---|---| |`AnnexureA1`|`TRUE COPY OF THE B.O NO. 161/2010`| ||`S/NO.A2/2309/10 S DATED 18.05.2010 OF THE 4TH`| ||`RESPONDENT.`| |`AnnexureA2`|`TRUE COPY OF CO NO. 43/14 TC-A3(A)66555/13 TC`| ||`DATED 10.01.2014 ISSUED BY THE DISTRICT POLICE`| ||`CHIEF.`| |`AnnexureA3`|`TRUE EXTRACT OF THE GAZETTE DATED 11.06.2015`| ||`INVITING APPLICATIONS FOR CATEGORY NO.`| ||`161/2015 TO 164/2015 BY THE 1ST RESPONDENT.`| |`AnnexureA4`|`TRUE COPY OF NOTIFICATION SL. NO.`| ||`40/2018/ERXIII DATED 02.07.2018 ISSUED BY THE`| ||`1ST RESPONDENT.`| |`AnnexureA5`|`TRUE COPY OF MEMO NO. AD.A1/13964/PSC/2017/385`| ||`DATED 21.02.2017 OF THE REGISTRAR, UNIVERSITY`| ||`OF KERALA.`| |`AnnexureA6`|`TRUE COPY OF CO NO. 327/2017 TC-NO. A2-`| ||`15892/2017 DATED 09.03.2017 OF THE DISTRICT`| ||`POLICE CHIEF.`| |`AnnexureA7`|`TRUE COPY OF LETTER NO. UFR1(1)50005/2018/KPSC`| ||`DATED 11.10.2018 FROM THE 1ST RESPONDENT.`| |`AnnexureA8`|`TRUE COPY OF LETTER NO. UFR1(1)50005/2018-KPSC`| ||`DATED 21.12.2018 FROM THE 1ST RESPONDENT.`| |`AnnexureA9`|`TRUE COPY OF G.O(P) NO. 48/81/GAD DATED`| ||`18.02.2981.`| |`AnnexureMA1`|`TRUE COPY OF RTI REPLY NO.`| ||`DS-II(2)/6739/2018/GW DATED 06.12.2018 ISSUED`| ||`BY THE 1ST RESPONDENT.`| |`AnnexureMA2`|`TRUE EXTRACT OF THE RANK LIST NO.`| ||`180/2019/SSVI DATED 14.03.2019 (CAT. NO.`| ||`163/2015) FOR THE POST OF EXCISE INSPECTOR`| |`AnnexureMA3`|`TRUE EXTRACT OF THE RANK LIST NO. 179/19/SSVI`| ||`DATED 14.03.2019 (CAT. NO. 163/2015) FOR THE`| ||`POST OF SUB INSPECTOR OF POLICE (TRAINEE)-`| ||`CONSTABULARY.`| |`AnnexureRA1`|`CERTIFIED COPY OF THE ORDER OF THE HON'BLE`| ||`TRIBUNAL DATED 24.06.2020 IN O.A NO. 550 OF`| ||`2019.`| |`AnnexureRA2`|`TRUE COPY OF ORDER NO. A2-53318/2020/TC DATED`| ||`09.10.2020 ISSUED BY THE CITY POLICE`| ||`COMMISSIONER, THIRUVANANTHAPURAM.`| |`AnnexureRA3`|`TRUE COPY OF LETTER DATED 23.10.2020 SUBMITTED`| ||`BY THE REVIEW APPLICANT BEFORE THE`| ||`COMMISSIONER, THIRUVANANTHAPURAM CITY.`| |---|---| |`AnnexureRA4`|`TRUE COPY OF LETTER NO. UFR1-1/50005/2018-`| ||`KPSC-PART(1) DATED 13.01.2021 ISSUED BY THE`| ||`1ST RESPONDENT.`| |`AnnexureRA5`|`TRUE COPY OF ADDENDUM NOTIFICATION NO. SS`| ||`VI/SI/CONSTABULARY/POLICE/RL/2018 DATED`| ||`30.09.2020 ISSUED BY THE 1ST RESPONDENT.`| |`ExhibitP1`|`TRUE COPY OF ORDER DATED 24.06.2020 ON OA NO.`| ||`550 OF 2019.`| |`ExhibitP2`|`TRUE COPY OF THE ORDER DATED 27.07.2022 IN R.A`| ||`NO. 5 OF 2022 IN O.A NO. 550 OF 2019.`| |`ExhibitP3`|`TRUE COPY OF O.A NO. 550 OF 2019 ALONG WITH`| ||`ANNEXURES.`| |`ExhibitP4`|`TRUE COPY OF REPLY STATEMENT FILED BY THE 1ST`| ||`RESPONDENT IN O.A 550 OF 2019 ON 13.07.2022`| |`ExhibitP5`|`TRUE COPY OF M.A NO. 581 OF 2020 FILED BY THE`| ||`APPLICANT IN O.A NO. 550 OF 2019 ALONG WITH`| ||`ANNEXURES.`| |`ExhibitP6`|`TRUE COPY OF REJOINDER FILED BY THE APPLICANT`| ||`TO THE REPLY STATEMENT OF THE 1ST RESPONDENT`| |`ExhibitP7`|`TRUE COPY OF RA. NO. 5 OF 2022 IN O.A NO. 550`| ||`OF 2019.`| |`ExhibitP8`|`TRUE COPY OF REPLY STATEMENT FILED BY THE 1ST`| ||`RESPONDENT IN RA NO. 5 OF 2022 ON 13.07.2022.`|