Case Note & Summary
The dispute arose from the non-consideration of a Reserved Police Constable's candidature for the post of Sub-Inspector in the Kerala Police Department. The appellant, P. Thampan, was working as a Reserved Police Constable and later as a Sub-Inspector in the Special Police Department, when the Government notified recruitment to the post of Sub-Inspector from in-service candidates holding Graduation qualification and within 30 years of age. The appellant applied but was not considered on the ground that he was not working in the Police Department but in the Special Police Department. His writ petition was clubbed with another writ petition wherein it was held that persons who had already left the service of the Police Department and were serving elsewhere were not eligible to apply for the post of Sub-Inspector. Unfortunately, while other cases were decided on merits, the appellant's case was not considered on merits. The appellant approached the Supreme Court by special leave against the Division Bench judgment of the Kerala High Court dated February 23, 1996 in Writ Appeal No.13 of 1995. The core legal issue was whether a graduate employed in any branch of the Police Department, including the Special Police Department, and within the age limit, was eligible to apply for Sub-Inspector under G.O.MS. No.55/66/Home dated 11th February 1966, and whether promotion to the equivalent rank in Armed Police disqualified him. The Government contended that the appellant was not working in the regular Police Department and was already promoted as Sub-Inspector in Armed Police, holding equivalent rank. The appellant contended that as a graduate employed in the Police Department and within the age limit, he was eligible under the Government Order. The Supreme Court examined the Government Order which stated that all graduates employed in the Police Department, such as Clerks, Special Branch Assistants, Head Constables, and Police Constables and Officers of corresponding rank, within the age of 30 years as on the first day of July of the year in which applications are invited, will be eligible to apply for the post of Sub-Inspectors of Police in future. The Court held that the enumeration of various posts was only illustrative and not exhaustive. All eligible graduates within 30 years working in the Police Department in whatever branch were eligible to be considered. The Court found no force in the Government's stand that promotion to equivalent rank in Armed Police disqualified the appellant. The Court held that if the appellant sought to come back to the regular line of Police Department and was found fit, he was entitled to be considered, and the disqualification sought to be put was no impediment. Accordingly, the Supreme Court allowed the appeal and directed the Public Service Commission to consider the appellant's case according to rules, with no order as to costs.
Headnote
A) Service Law - Recruitment Eligibility - Interpretation of Government Order - G.O.MS. No.55/66/Home dated 11.02.1966 - The Supreme Court considered whether a Police Constable in Special Police Department and later Armed Police Sub-Inspector was eligible to apply for regular Sub-Inspector post. The Court held the enumeration of eligible posts in the Government Order was illustrative, not exhaustive; any graduate employed in Police Department within age limit of 30 years as on first July of the year of application was eligible regardless of branch. The High Court had not decided the appellant's case on merits. The Court directed the Public Service Commission to consider his case according to Rules. Held that the appellant's case was wrongly clubbed and not considered on merits. B) Service Law - Promotion to Equivalent Rank - No Disqualification - The Court rejected the Government's stand that appellant's promotion as Sub-Inspector in Armed Police disqualified him from consideration for regular Police Sub-Inspector. Held if he seeks to come back to regular line and is found fit, he is entitled to be considered; disqualification is no impediment; selection open as per procedure.
Issue of Consideration
Whether a graduate working in Special Police Department and holding equivalent rank in Armed Police was eligible to be considered for Sub-Inspector recruitment in regular Police line under G.O.MS. No.55/66/Home dated 11th February 1966
Final Decision
Appeal allowed; Public Service Commission directed to consider appellant's case according to Rules; no costs.
Law Points
- Enumeration in government order is illustrative
- not exhaustive
- graduates employed in Police Department within age limit are eligible irrespective of branch
- promotion to equivalent rank in Armed Police does not disqualify candidate for regular line Sub-Inspector post
- government cannot impose additional disqualification beyond order
