Full Judgment Text
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PETITIONER:
P. THAMPAN
Vs.
RESPONDENT:
STATE OF KERALA & ANR
DATE OF JUDGMENT: 16/12/1996
BENCH:
K. RAMASWAMY, G,T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
We have heard learned counsel on both sides.
This appeal by special leave arises from the judgment
of the Division Bench of the Kerala High Court, made on
February 23, 1996 in Writ Appeal no.13 of 1995.
The appellant was working as Reserved Police Constable.
The Government notified recruitment to the post of Sub-
Inspector from in-service candidates who were holding
Graduation qualification and were within 30 years. The
appellant had applied for the said post but was not
considered on the ground that he was not working in Police
Department but was working as Sub-Inspector in the Special
Police Department. Unfortunately, his writ petition was
clubbed with another writ petition wherein it was held that
persons having, already left the service of police
Department and serving elsewhere were not eligible to apply
for the post of Sub-Inspector; though other cases were
decided on merits, appellant’s case was not considered on
merits. Admittedly, he is working in the Police Department
not in the regular line but in the Special Police
Department. The Government Order No.G.O.MS. No.55/66/Home.
dated 11the February, 1966 issued by Home DE (A) Department,
Government of Kerala, Trivandrum indicates thus:
"Having considered the
recommendation of the Inspector
General of Police in consultation
with the Kerala Public Service
Commission, the Government now
direct 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
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future."
A reading of the above paragraph would clearly indicate
that Graduates who were employed in the Police Department
and were within the age limit of 30 years on the first day
of July of the year were eligible to apply for the post of
Sub-inspector of the Police Department. The enumeration of
various posts such as Clerk, Special Branch, Assistants,
Head Constables and Police Constables and Officers of the
corresponding rank would indicate that they are only
illustrative and not exhaustive. Under these circumstances,
all the eligible graduates within 30 years working in the
Police Department in whatever branch, were eligible to be
considered for the post of Sub-Inspector. Now, the stand for
not considering his case taken by the Government is that he
was already promoted as Sub-Inspector in the Armed Police
holding the equivalent rank of Sub-Inspector. We find no
force in the contention. If the appellant seeks to come back
to regular line of Police Department on consideration and if
his found to be fit, he is entitled to be considered. It
would be open to him to get selected in accordance with the
procedure. Under these circumstances, the disqualification
now sought to be put is no impediment to consider his
candidature. The Public Service Commission is, therefore,
directed to consider his case according to Rules.
The appeal is allowed. No costs.