Aby P. Mathew vs Kerala Public Service Commission

Thottathil B. Radhakrishnan, J.—Petitioner challenges a decision of the Kerala Administrative Tribunal.

We have heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader and the learned Standing Counsel for the Public Service Commission and the learned Senior counsel for the contesting respondent.

10% of the posts of Sub Inspector of Police (Trainee) are reserved for the ministerial staff of the Police/Vigilance Department for direct recruitment from among that category. Graduate clerks and typists are eligible for being considered against that quota. This means that they ought to have worked as ministerial staff of the Police/Vigilance Department. The Inspector General of Police, some time in 1973, took the view that large number of graduate clerks/typists come to the Police/Vigilance Department by interdepartmental transfers, probably aiming at being selected for recruitment as Sub Inspectors, and when they lose in the process, they also lose interest to continue in the Police/Vigilance Department. That view of the Inspector General of Police was subjected to consultation with the Public Service Commission, and thereupon, the Government issued GO(MS) No. 36/74/Home dated 23.02.1974 ordering that new entrants as the ministerial staff of the Police/Vigilance Department appointed through direct recruitment/interdepartmental transfers, will be eligible to apply for direct recruitment to the post of Sub Inspector reserved for the ministerial staff of the Police/Vigilance Department only after completion of two years of service in the Police/Vigilance Department. This order is in force from the end of February, 1974, when that Government Order was issued. The petitioner moved the Tribunal by saying that he entered the Police Department as a police constable on 01.09.2005 and became a lower division clerk on 02.06.2007. He therefore wants that lap of service also to be counted for the purpose of two years in terms of the aforesaid Government Order. For one thing, the quota is fixed for the ministerial staff, i.e., graduate clerks and typists. It is not in dispute and it cannot be disputed that a police constable is not equivalent to a lower division clerk. Even in the case of the petitioner, he became a lower division clerk only on 02.06.2007 though he was a police constable from 01.09.2005. The decision contained in the aforesaid Government Order is a policy decision taken by the Government after due and fair application of mind to the totality of the facts and circumstances, including recommendations of the Inspector General of Police, and such decision has been taken in consultation with the PSC. Under such circumstances, the learned Tribunal cannot be found fault in having refused relief to the petitioner. This original petition, therefore, fails.

In the result, this original petition is dismissed. No costs.