Abdul Karim U vs State Of Kerala & Others

P.Madhavan, Member J

This Original Application has been filed by the applicant seeking the following reliefs:

“ (a) To declare that the applicant is entitled to get the period regularized during which he was kept out of service from the date of his retirement from State Police Service on 1.05.2017 to the date of joining of the IPS promotion post on 30.08.2018, as duty for all purposes including that for pay and allowances, pension and all retiral benefits etc.

(b) To issue appropriate Orders directing the respondents to extend the benefit of Annexure A-2 to A-4 to the applicant also in respect of the period he was kept out of service from the date of retirement to the date of joining in the IPS.

(c) To issue appropriate Order of Direction, directing the respondents to sanction and disburse pay and allowances and all other benefits to the applicant for the above period forthwith;

(d) To issue such other reliefs as this Hon'ble Tribunal deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity. ''

The brief facts of the case are as follows:

The applicant retired from the post of Superintendent of Police (Non-IPS) on 30.4.2017. The applicant was conferred in the Indian Police Service and he assumed charge in the IPS cadre as Superintendent of Police on 30.8.2018. According to him, the respondents were duty bound to conduct the selection on 1.1.2017 or immediately thereafter. There had occurred undue delay and if the selection Committee had met in time, the select list would have been approved and the applicant would have been appointed to the IPS cadre much before the actual date of joining. The applicant was unlawfully kept out of service from 1.5.2017 to 30.8.2018. The applicant submits that he is entitled to get the period regularised for the period he was kept out of service from the date of his retirement from State Police service up to the date of joining of the IPS Cadre. He submits that the conduct of the respondents in denying the above benefits to the him while granting the same to the similarly situated persons is discriminatory. Hence, he prays for notional fixation of pay from 1.5.2017 to 30.8.2018 when he joined the IPS cadre.

The short question involved in this case is whether the applicant is entitled to get the period regularized during which he was kept out of service from the date of his retirement from State Police Service to the date of joining of the IPS promotion post, as duty, for all purposes including that for pay and allowances, pension and all retiral benefits etc.

The Counsel appearing for the applicant has invited our attention to the earlier decisions of this Tribunal in O.A Nos.180/405/2021 and connected matters which covers the point. The Hon'ble High Court in W.P(C) No.9639/2010 dated 18.3.2014 held (relying on the decisions of the Hon'ble Supreme Court in UPSC and Anr. v. A.K.Salim and others reported in 2008 11 SCC 495) that the petitioners are entitled to get regularisation of the intervening period by notional fixation and to grant all pensionary benefits etc.

The above judgment of the Hon'ble High Court has become final and the applicant herein is also similarly placed person and there has taken place delay in convening Selection Committee Meetings and it is because of that there had taken place undue delay in posting the applicant in the IPS cadre. The applicant in this case who belong to State Service are liable to be retired when they attained the age of 56 years. On the contrary, for the central civil service persons, the age of superannuation is 60 years. The applicants had obtained orders from the Tribunal stating that retirement of the applicants from the State Service will not preclude them from applying for the post of IPS by promotion.

In view of the decision of the Hon'ble High Court mentioned above, the State Government is liable to grant regularisation of the period mentioned above by the applicant i.e, from the date of retirement from State service till the date of joining of duty in the IPS cadre. The state government is directed to grant regularisation and fix the pay notionally and grant all benefits including pensionary benefits, within a period of three months from the date of receipt of a copy of this order.

The Original Application is allowed as above. No costs.