Facts
The applicant is a Superintendent of Police (Non-IPS) in the Kerala Police Service, having commenced service as a Sub-Inspector in 1996
Source reference: p. 2He was promoted to Superintendent of Police on July 12, 2024, and is an approved probationer in that cadre
Source reference: p. 2Under State Service Rules, he is scheduled to retire on May 31, 2026
Source reference: p. 2Given his service record—which includes 38 Good Service Entries and the Chief Minister’s Police Medal—he is eligible for induction into the Indian Police Service (IPS)
Source reference: p. 2-3However, the respondents had not yet finalized the vacancies for the selection years 2025 and 2026
Source reference: p. 3The applicant approached the Tribunal seeking a declaration that his imminent retirement should not preclude his consideration for the IPS (Kerala Cadre) for those specific years
Source reference: p. 3Issues
1. Whether the applicant's retirement on superannuation under State Rules would disqualify him from being considered for selection and appointment to the Indian Police Service against vacancies determined for the years 2025 and 2026
Source reference: p. 3-4Law Applied
The Tribunal primarily considered the IPS (Appointment by Promotion) Regulations, 1955, regarding the selection and appointment of state officers to the IPS
Source reference: p. 2It applied the principle that the determination of vacancies and the selection process by the Union Public Service Commission (UPSC) and the State Government must not prejudice an officer's eligibility if the vacancies pertain to years during which the officer was in service
Source reference: p. 4Reasoning
The Tribunal noted that the applicant is set to retire on May 31, 2026, at the age of 56 per State Rules, while the determination of vacancies for 2025 and 2026 remains pending
Source reference: p. 3-4It recognized that the administrative process for selection often extends beyond an officer's retirement date
Source reference: p. 4The Tribunal reasoned that since the vacancies belong to the years 2025 and 2026—years during which the applicant is still in active service—the delay in the selection process should not result in the loss of his right to be considered
Source reference: p. 4Consequently, the Tribunal found it necessary to protect the applicant's prospects against the lapse of time inherent in the respondents' vacancy determination process
Source reference: p. 4Holding
The Tribunal disposed of the Original Application with a declaration that the applicant's retirement on May 31, 2026, shall not stand in the way of his consideration for selection and appointment to the Indian Police Service for the vacancy years 2025 and 2026, provided he is otherwise suitable and competent
No costs were ordered
Source reference: p. 4Original Court PDF
Pradeep N WalesvsHOME AFFAIRS
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