Superannuation after 1 January does not bar IPS selection consideration, subject to eligibility.

The three applicants were former Superintendents of Police in the Kerala Police Service who retired on superannuation on 28 February 2025, 31 October 2025 and 31 December 2025, respectively. All had entered service as Sub-Inspectors on 20 April 1995 and were subsequently promoted to Circle Inspector, Deputy Superintendent of Police and Superintendent of Police (non-cadre)

For the 2025 selection year, four vacancies—including three superannuation vacancies and one carried-forward vacancy from 2024—were identified for induction into the Indian Police Service under the promotion quota. The selection process had not commenced due to administrative delay. The applicants apprehended that their retirement during 2025 would prevent their consideration by the Selection Committee

The first applicant also contended that a pending vigilance case did not disentitle him from consideration under Regulations 5(5) and 7(4) of the Indian Police Service (Appointment by Promotion) Regulations, 1955

The UPSC stated that eligibility had to be assessed under Regulation 5(2), and that the State Government was required to forward the relevant proposals before the Selection Committee could meet

The State Government’s counsel accepted that the applicants were entitled to be considered for the 2025 selection year, while the Union of India disputed their entitlement after retirement

Whether the applicants’ retirement from State service during 2025 would preclude their consideration for induction into the Indian Police Service against vacancies pertaining to the 2025 selection year?

Whether the applicants could be considered subject to fulfilment of the eligibility requirements under the Indian Police Service (Appointment by Promotion) Regulations, 1955, notwithstanding their retirement?

Whether the first applicant’s pending vigilance case affected his eligibility for consideration under Regulations 5(5) and 7(4) of the 1955 Regulations?

The Tribunal applied the Indian Police Service (Appointment by Promotion) Regulations, 1955, particularly Regulation 5(2), which requires consideration only of officers satisfying the prescribed eligibility conditions, and Regulations 5(5) and 7(4), relied upon by the first applicant in relation to consideration despite a pending vigilance case

The relevant selection year is determined by reference to vacancies for the year commencing on 1 January; consequently, an officer’s status and eligibility must be assessed in relation to that selection year

The Tribunal further applied the principle that administrative delay in convening the selection process should not defeat the legitimate consideration of candidates who were in service and otherwise eligible during the relevant selection year

The Tribunal noted that all applicants were in service on 1 January 2025, the date relevant to determining the 2025 vacancies and selection year

Their subsequent retirement on attaining the applicable age of superannuation occurred during the same selection year and was not treated as extinguishing their right to be considered.

Since the selection process had been unduly delayed and the State Government was still preparing the proposals, permitting retirement to operate against the applicants would unfairly defeat consideration for vacancies relating to a period when they were serving officers

However, the Tribunal did not declare that the applicants were substantively eligible or direct their appointment; it left their eligibility to be assessed by the competent authorities in accordance with the 1955 Regulations.

The issue of the first applicant’s vigilance case was likewise not conclusively adjudicated, as consideration remained subject to the applicable statutory requirements

Their consideration was made expressly conditional upon their being found eligible in accordance with law and the 1955 Regulations. No costs were awarded