The Court set aside the Tribunal's order dismissing the petition on the ground of non-impleadment. It held that the petitioners must be given an opportunity to implead all persons likely to be affected by the seniority list.
Impugned order of the Kerala Administrative Tribunal set aside; petitioners permitted to implead affected officers.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
MONDAY, THE 12TH DAY OF FEBRUARY 2024 / 23RD MAGHA, 1945
OP(KAT) NO. 50 OF 2024
AGAINST THE ORDER/JUDGMENT OA 1936/2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S/APPLICANTS:
1SHAJI.T.D.,
AGED 52 YEARS, S/O.DAMDOARAN,SCPO 2754, SBCID IDUKKI,
THODUPUZHA, PIN-685587,RESIDING AT THAKADIKKAL
HOUSE,RAJAKKAD, IDUKKI DISTRICT,, PIN - 685566
2SURESH BABU,
AGED 52 YEARS, S/O. CHELLAPPAN, SCPO 2757, SBCID
IDUKKI, THODUPUZHA, PIN - 685587, RESIDING AT KALEECKAL
HOUSE, RAJAKKAD, IDUKKI DISTRICT., PIN - 685566
3 SAJI.M.JOSEPH,AGED 52 YEARS, S/O. JOSEPH, SCPO-2755,MARAYOOR POLICE
STATION-685620, RESIDING AT MUNDACKAL HOUSE, PARATHOD,
IDUKKI.P.O. IDUKKI DISTRICT., PIN - 685571
4 M. CHERIYAN SAMUELAGED 51 YEARS, S/O. SAMUEL,
SCPO - 2753,PERUVANTHANAM POLICE STATION, PIN-686 512,
IDUKKI DISTRICT, RESIDING AT KALARICKAL HOUSE,
KOOTTIKKAL.P.O., KOTTAYAM DISTRICT,, PIN - 686514
5 RASHEED.A.P.,AGED 52 YEARS, S/O. PAREETH, SCPO-2768, DISTRICT CRIME
RECORDS BUREAU, IDUKKI - 685603, RESIDING AT ATTAYATH
HOUSE, MANIPPARA.P.O., KARIMBAN IDUKKI DISTRICT., PIN -
685602
6SHIBU VARGHESE,
AGED 48 YEARS, S/O. VARGHESE, CPO - 2875 (SCPO GRADE),
TRAFFIC ENFORCEMENT UNIT, ADIMALY-685 561, RESIDING AT
KUZHIKANDATHIL HOUSE, KUTHUPARA, VELLATHOOVAL.P.O.,
IDUKKI DISTRICT, PIN - 685563
7 BIJU.P.R., AGED 48 YEARS, S/O. RANGAN, CPO - 2876 (SCPO GRADE),RAJAKKAD POLICE STATION, PIN-685 566, IDUKKI DISTRICT, RESIDING AT PALIYATH HOUSE,RAJAKKAD.P.O., RAJAKKAD-,IDUKKI DISTRICT., PIN - 6855668 NOUSHAD.P.I., AGED 53 YEARS, S/O. EBRAHIM, SCPO-2207, (A.S.I. GRADE), VANDIPERIYAR POLICE STATION, PIN - 686 513, IDUKKIO.P.(KAT) NO. 50 OF 2024
2
DISTRICT, RESIDING AT PARACKAL FATHIMA MANZIL,
CHITTADY.P.O., CHOTTY, KOTTAYAM DISTRICT, PIN -
686512
9VINOD KUMAR.T.,
AGED 51 YEARS
S/O. THANKAPPAN, SCPO-2537, (A.S.I. GRADE),
NEDUMKANDAM POLICE STATION, PIN - 685 553, IDUKKI
DISTRICT, RESIDING AT THOLANICKAL HOUSE, NEAR
ASRAMAM, KATTAPPANA.P.O., PIN - 685511
10THRIDEP KUMAR.V.,
AGED 52 YEARS, S/O. KUMARAN, SCPO-2533,( A.S.I.
GRADE), KALIYAR POLICE STATION, IDUKKI DISTRICT -
685 607, RESIDING AT VETTATHUPARAMBIL HOUSE,
VENMATTOM, KALIYAR.P.O., IDUKKI DISTRICT, PIN -
685607
11JOHNSON SAMUEL,
AGED 50 YEARS
S/O. SAMUEL, SCPO-2535, (A.S.I. GRADE),
MURICKASSERY POLICE STATION, PIN - 685 604,
IDUKKI DISTRICT, RESIDING AT POTTAMUNDAKKAL
HOUSE, MELUKAVU.P.O.,, PIN - 689652
12 TOMY JOSEPH AGED 54 YEARS S/O. JOSEPH, SCPO-2634 (A.S.I. GRADE), RAJAKKAD POLICE STATION, PIN-685566, IDUKKI DISTRICT, RESIDING AT KAVUNGUMPUZHA HOUSE, RAJAKKAD, IDUKKI DISTRIC., PIN - 68556613 SURESH.D. AGED 55 YEARS S/O.DAMODARAN, SCPO-2740 (A.S.I.GRADE), MULLAPERIYAR POLICE STATION, PIN - 685 509, IDUKKI DISTRICT, RESIDING AT GEETTINGAL HOUSE, THEKKADY, KUMALY.P.O., IDUKKI DISTRICT, PIN - 68550914 SAMBASIVAN.V.G. AGED 50 YEARSS/O. GOPAKUMAR, SCPO-2742 (A.S.I. GRADE), POLICE CONTROL ROOM,THODUPUZHA, IDUKKI DISTRICT, PIN - 685 584, RESIDING AT VATTAKKALLUNKAL HOUSE, MULLARINGAD.P.O. IDUKKI DISTRICT., PIN - 68560715 AJIMS.P.S. AGED 50 YEARS S/O. SULAIMAN, SCPO-2747, KARIMKUNNAM POLICEO.P.(KAT) NO. 50 OF 2024
3
STATION, PIN - 685 581, IDUKKI DISTRICT, RESIDING
AT PUTHANVEETTIL HOUSE, UDUMBANNOOR.P.O.,
THODUPUZHA, IDUKKI DISTRICT., PIN - 685596
16DANIEL,
AGED 52 YEARS
S/O. GEORGE, SCPO-2749, VIGILANCE & ANTI
CORRUPTION BUREAU, IDUKKI UNIT, MUTTOM.P.O.-685
587, RESIDING AT CHITTILASSERIL HOUSE,
MELUKAVUMATTOM.P.O., KOTTAYAM DISTRICT, PIN -
685587
17MUHAMMED.T.A.,
AGED 48 YEARS
S/O. ALIYAR, SCPO-2750, SPECIAL BRANCH, IDUKKI -
685 602, RESIDING AT THANDAKKALAYIL HOUSE,
POLINJAPALAM, ADIMALI.P.O., IDUKKI DISTRICT, PIN
- 685561
18BIJU.T.T.
AGED 52 YEARS
S/O.THANKAPPAN, SCPO-2764, MUNNAR POLICE STATION,
PIN - 685 612, IDUKKI DISTRICT, RESIDING AT
THANNIYAVUNKAL HOUSE, ELLAKKAL.P.O., IDUKKI
DISTRICT., PIN - 685565
19 JIJI.C.T. AGED 52 YEARSS/O. THANKAPPAN, SCPO-2765, MARAYOOR POLICE
STATION, PIN - 685 620, IDUKKI DISTRICT, RESIDING
AT CHAKKUMKAL HOUSE, 1000 ACRE, ADIMALI.P.O.,
IDUKKI DISTRICT, PIN - 686561
20 NOBLE JOSEPH.V., AGED 49 YEARSS/O. JOSEPH, SCPO - 2763, KANJAR POLICE STATION,
IDUKKI DISTRICT - 685 590, RESIDING AT
VAZHEEPURACKAL HOUSE, KANANICKAL,
MOOLAMATTOM.P.O., IDUKKI DISTRICT., PIN - 685589
21 ABDUL RASHEED.T.M., AGED 47 YEARS S/O. MOIDEEN, SCPO-2766, THODUPUZHA POLICE STATION, IDUKKI DISTRICT - 685 587, RESIDING AT THANDAYATHU HOUSE, EDAVETTY.P.O., THODUPUZHA, PIN - 68558822 PAREETH.T.M., AGED 54 YEARS S/O. MOITHEEN, SCPO-2767, MURICKASSERY POLICEO.P.(KAT) NO. 50 OF 2024
4
STATION, PIN - 685 604, IDUKKI DISTRICT, RESIDING
AT THADATHIKUNNEL HOUSE, PALLARIMANGALAM.P.O.,
ERNAKULAM,, PIN - 686671
23BIJU KURIAN,
AGED 52 YEARS
S/O. KURIAN, CPO-3039, VIGILANCE & ANTI
CORRUPTION BUREAU, IDUKKI UNIT, MUTTOM.P.O.-685
587, RESIDING AT NEIVELIKKUNNEL HOUSE,
PANNIMATTOM.P.O., THODUPUZHA, IDUKKI DISTRICT,
PIN - 685588
24SANTHOSH.B.
AGED 48 YEARS
S/O. BHASKARAN, CPO-3041, TRAFFIC ENFORCEMENT
UNIT, MUNANR-685 612, IDUKKI DISTRICT, RESIDING
AT KOLLAMKUDIYIL HOUSE, THOKKUPARA.P.O.,
PALLIVASAL, IDUKKI DISTRICT, PIN - 685565
25SUBIN,
AGED 47 YEARS
S/O. GEORGE, CPO-2882, KATTAPPANA POLICE STATION,
PIN-685 510, IDUKKI DISTRICT, RESIDING AT
THULAYILLAPLAKKAL HOUSE, IRATTAYAR NORTH.P.O.,
KATTAPPANA,, PIN - 685514
26P.I. JOSEPHKUTTY,
AGED 59 YEARS
S/O. THOMMAN, SCPO-2751, SBCID, IDUKKI, PIN-685
602, RESIDING AT PLAPPUZHA HOUSE,
NERIAMANGALAM.P.O. CHEMPANKUZHI, ERNAKULAM
DISTRICT., PIN - 686693
BY ADVS.
ELVIN PETER P.J.
K.R.GANESH
GOURI BALAGOPAL
SREELEKSHMI A.S.
RESPONDENT/S/RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM, PIN - 6950012 THE STATE POLICE CHIEF, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOMEO.P.(KAT) NO. 50 OF 2024
5
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950013 THE DISTRICT POLICE CHIEF IDUKKI, KERALA, PIN – 685602 ADV. ANTONY MUKKATH, SPECIAL GOVERNMENT PLEADERTHIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN
FINALLY HEARD ON 12.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
6
O.P.(KAT) NO. 50 OF 2024
JUDGMENT Dated this the 12th day of February, 2024
A.MUHAMED MUSTAQUE, J
This original petition is filed by the applicants aggrieved by the order of the Kerala Administrative Tribunal dated 13.12.2023 in O.A.No.1936 of 2019. The main challenge in this original petition is based on Annexure – A19 amendment rules ie., Kerala Police Subordinate Service (Amendment) Rules, 2017, brought in the category of Senior Civil Police Officers. Pending the original application, it appears that a seniority list was prepared based on the amended rules. The Tribunal noting that the applicants failed to implead any of the officers who are likely to be affected, whose names are included in the list, dismissed the original application. It is to be noted that there was a status quo order, not to distrub the promotion already effected, as far as the petitioners are concerned. The petitioners have a case that violating the said order, the list has been published.
O.P.(KAT) NO. 50 OF 2024
7
challenging the principles relating to seniority, but not the seniority itself. Therefore, there is no necessity to implead all those affected persons.
In the light of the above, we are of the view that the petitioners should be given an opportunity to implead all persons as per Ext.P3. The petitioners can also move an application before the Tribunal to direct the Head of the Department of Police, to issue notice to all persons concerned about the pendency of the original application before the Tribunal. Accordingly, to enable the petitioners to take steps,
O.P.(KAT) NO. 50 OF 2024
8
the impugned order is set aside. The status quo order already passed will continue, till further orders passed in this matter by the Tribunal.
The Original Petition is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
RK
9
O.P.(KAT) NO. 50 OF 2024
APPENDIX OF OP(KAT) 50/2024
PETITIONANNEXURE |
ER ANNEA1 |
XURESTRUE COPY OF THE18.08.1997 ISSUEDBY THE P.S.C. |
ADVICE MEMO DATEDTO THE 2ND APPLICANT |
|---|---|---|---|
ANNEXURE |
A2 |
TRUE COPY OF THEA1(B)50959/99/ECTHE COMMISSIONER |
ORDER NODATED 11/99 ISSUED BYOF POLICE, KOCHI. |
ANNEXURE |
A3 |
TRUE COPY OF THEDATED 15.09.2001RESPONDENT. |
ORDER NO A1-60/2001-IDISSUED BY THE 3RD |
ANNEXURE |
A4 |
TRUE COPY OF THE218/96 DATED 27.07TH PETITIONER BY |
ADVICE MEMO NO. RI(1)8.1997 ISSUED TO THETHE PSC. |
ANNEXURE |
A5 |
TRUE COPY OF ORDE08.11.2002 OF THECHIEF, PALAKKAD. |
R NO. 764/02 P DATEDDISTRICT POLICE |
ANNEXURE |
A6 |
TRUE COPY OF THEDATED 06.08.1998RESPONDENT. |
ORDER NO. 279/98-IDISSUED BY THE 3RD |
ANNEXURE |
A7 |
TRUE COPY OF ADVI565/97 DATED 22.0PETITIONER BY THEALAPPUZHA, OFFICERESPONDENT. |
CE MEMO NO. AI(1)3.1997 ISSUED TO 26THPSC, DISTRICT OFFICE,OF THE 4TH |
ANNEXURE |
A8 |
TRUE COPY OF G.O.DATED 26.12.1980. |
(MS) NO. 125/80/HOME |
ANNEXURE |
A9 |
TRUE COPY OF G.O.DATED 22.05.2007. |
(RT.) NO. 1384/07/HOME |
ANNEXURE |
A10 |
TRUE COPY OF G.O.DATED 19.07.1962. |
(MS) NO. 377/HOME |
ANNEXURE |
A11 |
TRUE COPY OF G.O.DATED 30.09.1974. |
(MS) NO. 145/74/HOME |
ANNEXURE |
A12 |
TRUE COPY OF ORDEDATED 17.09.2007RESPONDENT. |
R NO. 576/2007/IDISSUED BY THE 3RD |
ANNEXURE |
A13 |
TRUE COPY OF ORDEDATED 31.12.2008RESPONDENT. |
R NO. 792/2008/IDISSUED BY THE 3RD |
ANNEXURE |
A14 |
TRUE COPY OF ORDE |
R NO. 375/2010/ID |
10
O.P.(KAT) NO. 50 OF 2024
DATED 03.09.2010 ISSUED BY THE 3RDRESPONDENT. |
|
|---|---|
ANNEXURE A15 |
TRUE COPY OF G.O.(MS) NO. 252/HOMEDATED 17.05.1963. |
ANNEXURE A16 |
TRUE COPY OF G.O.(MS) NO. 32/73/HOMEDATED 26.02.1973. |
ANNEXURE A17 |
TRUE COPY OF THE FINALIZED SELECT LISTOF CIVIL POLICE OFFICERS OF IDUKKIDISTRICT AS ON 01.01.2012. |
ANNEXURE A18 |
TRUE COPY OF D.O. NO. 167/2019/ID DATED23.02.2019 ISSUED BY THE 3RDRESPONDENT. |
ANNEXURE A19 |
TRUE COPY OF G.O.(P) NO. 28/2017/HOMEDATED 16.02.2017. |
ANNEXURE A20 |
TRUE COPY OF G.O.(P) NO. 268/2010/HOMEDATED 10.12.2010. |
ANNEXURE A21 |
TRUE COPY OF THE JUDGMENT DATED07.08.2019 IN O.P. (KAT) NO. 506/2017OF THE HON'BLE HIGH COURT OF KERALA. |
ANNEXURE A22 |
TRUE COPY OF THE COMMUNICATION NO. E4-16312/2018/PHQ DATED 30.08.2019 ISSUEDBY THE 2ND RESPONDENT TO ALL DIGS. ANDDISTRICT POLICE CHIEFS. |
JOIN TOGETHER |
JOINT TOGETHER APPLICATION |
MEMO FILED BY R1IN OA |
MEMO FILED BY 1ST RESPONDENT IN O.A1936/2019 |
EXHIBIT P1 |
TRUE COPY OF THE O.A. NO. 1936/2019FILED BY THE PETITIONERS BEFORE THEKERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM DATED 23.09.2019. |
EXHIBIT P2 |
TRUE COPY OF THE INTERIM ORDER DATED26.09.2019 IN O.A. NO. 1936/2019 PASSEDBY THE HON'BLE KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM. |
EXHIBIT P3 |
TRUE COPY OF THE FINAL SENIORITY LISTOF LOCAL POLICE CONSTABLES DATED24.01.2020 PUBLISHED BY THE DISTRICTPOLICE CHIEF, IDUKKI. |
EXHIBIT P4 |
TRUE COPY OF THE ORDER DATED 22.07.2022IN C.P. NO. 26/2020 IN O.A. NO.1936/2019 OF THE KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM. |
O.P.(KAT) NO. 50 OF 2024
11
EXHIBIT P5TRUE COPY OF THE REPLY STATEMENT FILED
ON BEHALF OF THE 2ND RESPONDENT DATED
14.02.2020.
EXHIBIT P6TRUE COPY OF THE REJOINDER DATED
09.03.2020 FILED BY THE PETITIONERS.
EXHIBIT P7TRUE COPY OF THE JUDGMENT OF THE
HON'BLE SUPREME COURT REPORTED IN AIR
2001 SC 1210.
EXHIBIT P8TRUE COPY OF THE ORDER DATED 13.12.2023
IN O.A. NO. 1936/2019 OF THE HON'BLE
TRIBUNAL.
1 issue framed by the court
Whether the petitioners are required to implead all persons affected by the seniority list.
SHAJI.T.D.
STATE OF KERALA
THE STATE POLICE CHIEF
THE DISTRICT POLICE CHIEF IDUKKI
A.MUHAMED MUSTAQUE
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court