T CHANDRAN Vs. UNION OF INDIA
HIGH COURT OF KERALA
UNION OF INDIA
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(1.) In all these Original Petitions filed under Arts.226 and 227 of the Constitution of India, the challenge is against the common order passed by the Ernakulam Bench of the Central Administrative Tribunal in O.A. Nos. 1107 of 2000, 67 of 2001 and 491 of 2001. The petitioners herein were not parties to the said Original Applications. O.A. No. 1107 of 2000 was filed by respondents 7 to 10 in O.P. No. 28995 of 2001 (respondents 1 to 4 in O.P. No. 29227/2001). O.A. No. 67 of 2001 was filed by the 7th respondent in O.P. No. 29969 of 2001 (first respondent in O.P. No. 29327/2001). O.A. No. 491 of 2001 was filed by respondents 7 to 9 in O.P. No. 29937/01 (respondents 1 to 3 in O.P. No. 30215/2001). The dispute relates to appointment to the Indian Police Service by promotion of substantive members of the State Police Service.
(2.) According to R.4 of the Indian Police Service (Recruitment) Rules, 1954 (hereinafter referred to as the Recruitment Rules), the method of appointment to the Indian Police Service shall be by a competitive examination or by promotion of substantive members of a State Police Service. According to R.9(1) of the Recruitment Rules, the Central Government may on the recommendation of the State Government concerned and in consultation with the Union Public Service Commission recruit to the Indian Police Service persons by promotion from amongst the substantive members of a State Police Service in accordance with such regulations as the Central Government may after consultation with the State Government and the Union Public Service Commission, from time to time, make. In pursuance of sub-r.(1) of R.9 of the Recruitment Rules, the Central Government made the Indian Police Service (Appointment by Promotion) Regulations, 1955 (hereinafter referred to as the Regulations). In Regulation.2(1)(j) State Police Service is defined as follows:
2. Definitions: (1) In these regulations unless the context otherwise requires, -
..... ..... ..... ...... ...... ...... ...... .......
(j) State Police Service means, -
(i) for the purpose of filling up the vacancies in the Indian Police Service Cadre of the Arunachal Pradesh, Goa, Mizoram, Union Territories under R.9 of the Recruitment Rules, any of the following services, namely:
(a) the Delhi and Andaman and Nicobar Island Police Service;
(b) the Goa Police Service;
(c) the Pondichery Police Service;
(d) the Mizoram Police Service;
(e) the Arunachal Pradesh Police Service.
(ii) in all other cases, the principal police service of a State, a member of which normally holds charge of a sub-division of a district for purposes of police administration and includes any other duly constituted police service functioning in a State which is declared by the State Government to be equivalent thereto;.
It may be mentioned that the same definition has been given to State Police Service in the Recruitment Rules also.
(3.) Till 22.1.1965 promotion to the Indian Police Service were being made in the State of Kerala only from the personnel in the Principal Police Service of the State which normally held charge of the Sub Division of a District for purposes of police administration. In other words, promotions to the Indian Police Service were being made in Kerala from among those who occupied the posts of Deputy Superintendent of Police and above. As per G.O. Ms. 93 dated 22.1.1965 issued by the Government of Kerala under Regulation.2(1)(j) of the Regulations, the posts of Assistant Commandants and above in the M.S.P. and the S.A.P. Battalions in the State were declared as equivalent to the Principal Police Service of the State namely Deputy Superintendent of Police for the purpose of R.4 of the Regulations. Later, in modification of G.O.Ms. 93 dated 22.1.1965, the Government of Kerala issued G.O. Ms.372 dated 7.4.1965 declaring the Malabar Special Police (M.S.P.) and State Armed Police (S.A.P.) Services as equivalent to the Principal Police Service of the State. The posts of Assistant Commandants and above in the M.S.P. and S.A.P. were also declared as equivalent to the post of Deputy Superintendent of Police of the Principal Police Service of the State for the purpose of R.4 of the Regulation. However, later the Government felt that officers of the Armed Police Battalions on appointment to the Indian Police Service would find it difficult to manage the District Police Administration since they would have no training or experience in the General Executive prior to their appointment to the Indian Police Service. In order to overcome this difficulty, Government decided that officers of the Armed Police Battalion included in the select list for appointment to the Indian Police Service should undergo a course of training to equip them for taking up General Executive assignments in the Police Department. Hence, as per G.O.(P) 390 / PD dated 3rd December, 1970, Government of Kerala prescribed a programme of training for such officers covering a period of 18 months. Out of the 18 months, six months were for theoretical training in the Police Training College, six months were for practical training in District and the remaining six months were for independent charge of a Police Sub Division. The details of training under each part also were given in the Annexure to the said Government Order.;
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