✦ High Court of India · 03 Oct 2019

BY AD vs SMT.REKHA VASUDEVAN

Case Details High Court of India · 03 Oct 2019

Court

High Court of India

Decided

03 Oct 2019

Bench

K VINOD CHANDRAN V G ARUN

Length

1,268 words

BY ADVS. SMT.REKHA VASUDEVAN SMT.V.DEEPA RESPONDENTS/RESPONDENTS IN RA AND APPLICANTS AND RESPONDENTS IN OA: 1 2 3 4 5 6 A.P.SHYNO, AGED 54 YEARS, SON OF ALEXANDER, SENIOR CIVIL POLICE OFFICER (Q 4421), NOW WORKING AS SUB INSPECTOR (GRADE), CRIME BRANCH CID, OCW-1 SUB UNIT, KOLLAM, RESIDING AT CARMEL, NEDUMBANA.P.O., KOLLAM, KERALA-691576. P.DHARANEEDRAN, AGED 53 YEARS, SON OF PURUSHOTHAMAN, SCPO (Q 4380), NOW WORKING AS SUB INSPECTOR (GRADE), CRIME BRANCH CID, (ECONOMIC OFFENCE WING-1), KOLLAM RESIDING AT SREESHYLAM, EAST KALLADA.P.O., KOLLAM-691502, KERALA. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001. PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, KERALA. STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695010, KERALA. THOMAS, SCPO (Q 4462), NOW WORKING AS SUB INSPECTOR (GRADE), CRIME BRANCH, OCW-1, ASHRAM, KOLLAM-691002, KERALA. OP(KAT).No.395 OF 2019 4 7 K.PUSHPARAJAN, SUB INSPECTOR (GRADE Q 4684), KUNDARA POLICE STATION, KUNDARA, KOLLAM-691501, KERALA. BY SR.GP SRI.P.N.SANTHOSH THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 03.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(KAT).No.395 OF 2019 5 JUDGMENT K. Vinod Chandran, J. Respectfully following the judgment in O.P. (KAT) No.147 of 2019, the above original petition is allowed. The very reasoning therein will apply to this original petition also. The original petition is allowed. No order as to costs. Sd/- K.VINOD CHANDRAN JUDGE Sd/- V.G.ARUN JUDGE //True Copy// P.A. To Judge sp/04/10/19 OP(KAT).No.395 OF 2019 6 PETITIONER'S/S EXHIBITS: APPENDIX EXHIBIT P1 EXHIBIT P1(A1) EXHIBIT P1(A2) EXHIBIT P1(A3) EXHIBIT P1(A4) EXHIBIT P1(A5) EXHIBIT P1(A6) EXHIBIT P1(A7) EXHIBIT P1(A8) EXHIBIT P1(A9) TRUE COPY OF THE ORIGINAL APPLICATION (O.A.NO.409 OF 2017) FILED BY THE RESPONDENTS 1 TO 3 ON THE FILES OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL. COPY OF THE GO.O.(MS)NO.16/80/HOME DATED 17.1.1980 (S.R.O.NO.82/80). COPY OF THE GO.(MS)NO.125/80/HOME DATED 26.12.1980. COPY OF THE GO.(MS)NO.125/80/HOME DATED 26.12.1980 PUBLISHED AS S.R.O.NO.1289/80. COPY OF THE GO.(MS)NO.38/88/HOME DATED 22.3.1988. COPY OF THE ORDER OF THE HON'BLE KAT DATED 16.1.2014 IN OA.2512/13: KAT REPORTER (2014) VOL.3 PAGE 261-264.. COPY OF THE G.O.(P)NO.33/89/HOME DATED 10.3.1989 (S.R.O. 402/89). COPY OF THE ORDER NO.L6/67438/15 DATED 9.8.2006 OF DIRECTOR GENERAL OF POLICE. COPY OF THE GO.(RT)NO.1384/07/HOME DATED 22.5.2007. COPY OF THE JUDGMENT OF THE HON. HIGH COURT DATED 12.3.2010 IN WPC.NO.17133/2007. EXHIBIT P1(A10) COPY OF THE JUDGMENT OF THE HON. HIGH COURT DATED 12.12.2013 IN OP(KAT) 4204/2013. EXHIBIT P1 (A11) EXHIBIT P1(A12) COPY OF THE JUDGMENT OF THE HON. SUPREME COURT DATED 31.1.2014 IN SLP (CIVIL) NO.2960/2014. COPY OF THE OPINION OF LAW SECRETARY DATED 31.1.2012 WITH A LETTER NO.97740/A1/2012/ HOME DATED 3.1.2013 AS PER RTI ACT. OP(KAT).No.395 OF 2019 7 EXHIBIT P1(A13) EXHIBIT P1(A14) EXHIBIT P1(A15) EXHIBIT P1(A16) EXHIBIT P1(A17) COPY OF THE LEGAL OPINION OF ADVOCATE GENERAL DATED 18.3.2013 WITH LETTER NO.92794/A1/2013/HOME DATED 1.10.2013 AS PER RTI ACT. COPY OF THE MINUTES OF MEETING OF THE HIGH LEVEL COMMITTEE HELD ON 6.11.2013 WITH A COVERING LETTER DATED 18.11.2013 OF PRINCIPAL SECRETARY TO STATE POLICE CHIEF. COPY OF THE MINUTES DATED 5.9.2014 OF HIGH LEVEL MEETING WITH COVERING LETTER OF ADDITIONAL CHIEF SECRETARY TO STATE POLICE CHIEF DATED 20.9.2014. COPY OF THE LETTER NO.L6/44158/2013 DATED 23.10.2013 OF STATE POLICE CHIEF TO PRINCIPAL SECRETARY TO GOVERNMENT. COPY OF THE LETTER NO.L6/44158/2013 DATED 23.10.2013 OF STATE POLICE CHIEF TO ALL RANGE IGPS TO GOVERNMENT. EXHIBIT P1(A18) COPY OF THE ORDER NO.A5/8718/2013/TRA DATED 24.2.2014 OF IGP TRIVANDRUM. EXHIBIT P1(A19) COPY OF THE C O NO.37/2005 (A1-7305/2014/ OC) DATED 9.2.2015 OF CITY COMMISSIONER OF POLICE, KOLLAM. EXHIBIT P1(A20) COPY OF THE G.O.(MS)NO.37/2015/HOME DATED 26.2.2015. EXHIBIT P1(A21) COPY OF THE G.O.(MS)NO.44/2015/HOME DATED 11.3.2015. EXHIBIT P1(A22) COPY OF THE G.O.(P)NO.28/2017/HOME DATED 16.2.2017 (S.R.NO.80/2017) EXHIBIT P2 EXHIBIT P3 TRUE COPY OF THE ORDER DATED 14.12.2017 IN OA NO.409 OF 2017 AND CONNECTED CASES OF THE KERALA ADMINISTRATIVE TRIBUNAL. TRUE COPY OF THE REVIEW APPLICATION FILED BY THE PETITIONERS ON THE FILES OF THE HONOURABLE TRIBUNAL ALONG WITH THE ANNEXURES, MA TO JOIN TOGETHER, MA SEEKING LEAVE AND MA FOR STAY. OP(KAT).No.395 OF 2019 8 EXHIBIT P3(RA1) COPY OF THE ORDER DATED 14.12.2017 IN OA NO.409 OF 2017 OF THE HONOURABLE TRIBUNAL. EXHIBIT P3(RA2) EXHIBIT P3(RA3) EXHIBIT P3(RA4) EXHIBIT P3(RA5) EXHIBIT P3(RA6) COPY OF THE INTERIM ORDER DATED 20.12.2017 IN OP(KAT) NO.506 OF 2017 OF THE HONOURABLE HIGH COURT. COPY OF THE INTERIM ORDER DATED 12.3.2018 IN OP(KAT)NO.102/2018 OF THE HONOURABLE HIGH COURT. COPY OF THE COMMON ORDER DATED 31.10.2018 IN IA.6/2018 IN OP(KAT)506 OF 2017 OF THE HONOURABLE HIGH COURT. COPY OF ORDER NO.A3-74876/2018/A DATED 23.11.2018 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE PROVISIONAL SENIORITY LIST. COPY OF THE ORDER NO.A3-43500/07A DATED 2.2.2009 ISSUED BY THE SUPERINTENDENT OF POLICE, ALAPPUZHA ALONG WITH THE SENIORITY LIST. EXHIBIT P3 (RA7) COPY OF THE ORDER NO.ADO NO.640/2013 DATED 20.12.2013 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3(RA8) EXHIBIT P4 EXHIBIT P5 EXHIBIT P6 COPY OF THE PARTIALLY MODIFIED LIST OF SENIOR CIVIL POLICE OFFICERS BEARING NO.A3- 15149/2018/A DATED 23.11.2018 ISSUED BY THE DISTRICT POLICE CHIEF ALAPPUZHA. TRUE COPY OF THE ORDER DATED 13.2.2019 IN RA(EKM)NO.10 OF 2019 OF THE HONOURABLE TRIBUNAL. TRUE COPY OF THE JUDGMENT DATED 7.8.2019 IN OP (KAT).147/2019 AND CONNECTED CASES OF THIS HONOURABLE COURT. TRUE COPY OF THE ORDER DATED 6.9.2019 IN SLP (CIVIL) DAIRY NUMBER 30516 OF 2019 OF THE HONOURABLE SUPREME COURT.

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