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High Court of Kerala · body

2025 DAILYLAW 9150 (KER)

ANTONY M.J. v. A.P.SHYNO,

OP(KAT)/395/2019 · 2025-05-30

A Muhamed Mustaque, Johnson John

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941 OP(KAT).No.395 OF 2019 AGAINST THE ORDER IN R.A.(EM) NO.10 OF 2019 DATED 13.02.2019 AND THE ORDER IN OA NO.409/2017 DATED 14-12-2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONERS/PETITIONERS: 1 ANTONY M.J., AGED 53 YEARS SON OF M.D.JOSEPH, SENIOR CIVIL POLICE OFFICER-4245, VIGILANCE AND ANTI CORRUPTION BUREAU, ALAPPUZHA, RESIDING AT MADAMANA HOUSE, MUHAMMA.P.O., ALAPPUZHA- 688525. 2 BASANT P.P., AGED 49 YEARS SON OF PARAMESWARAN, SENIOR CIVIL POLICE OFFICER- 4522, CHERTHALA POLICE STATION, RESIDING AT PUTHANKARIYIL HOUSE, THANEERMUKKOM.P.O., ALAPPUZHA-688527. 3 B.MANOJ, AGED 47 YEARS SON OF BHARGAVAN, SENIOR CIVIL POLICE OFFICER-4523, VIGILANCE AND ANTI CORRUPTION BUREAU, ALAPPUZHA, RESIDING AT KOLLASSERIL HOUSE, MUTTOM.P.O., HARIPAD, ALAPPUZHA-690511. 4 BRIGESH KUMAR.M.S., AGED 43 YEARS SON OF M.R.SIVAN, SENIOR CIVIL POLICE OFFICER-4525, TRAFFIC UNIT, KAYAMKULAM, RESIDING AT KUDAJADRI, ERUVA EAST.P.O., KAYAMKULAM, ALAPPUZHA-690572. 5 HAREES.A., AGED 47 YEARS SON OF ABOOBACKER, SENIOR CIVIL POLICE OFFICER-4536, VALLIKUNNAM POLICE STATION, ALAPPUZHA, RESIDING AT KOLELIL PADEETTHIL, ELIPPAKULAM.P.O., PALLICKAL, ALAPPUZHA-690503. OP(KAT).No.395 OF 2019 2 6 AJITH.A., AGED 44 YEARS SON OF ARAVINDAKSHAN, SENIOR CIVIL POLICE OFFICER- 4794, CHENGANNUR POLICE STATION, RESIDING AT AJIVILA, KAITHA NORTH, CHETTIKULANGARA.P.O., MAVELIKARA, ALAPPUZHA-690106. 7 S.SUNIL KUMAR, AGED 46 YEARS SON OF SREEVALSAN, SENIOR CIVIL POLICE OFFICER- 4895, VALLIKUNNAM POLICE STATION, RESIDING AT NOOPURAM (PERUMANA), KOTTACKUPURAM, CLAPPANA.P.O., KOLLAM-690525. 8 DEENADAYAL MALLAN.N., AGED 46 YEARS SON OF K.NARASIMHA MALLAN, SENIOR CIVIL POLICE OFFICER-5010, TRAFFIC POLICE STATION, ALAPPUZHA, RESIDING AT THIRUVONAM, OLD THIRUMALA, MULLACKAL, ALAPPUZHA-688011. 9 ABDUL LATHEEF.Y., AGED 42 YEARS, SON OF M.K.YOUSUF, SENIOR CIVIL POLICE OFFICER-5116, DISTRICT CRIME RECORD BUREAU, ALAPPUZHA, RESIDING AT RAFA, AYYAMPARAMBIL, PAZHAVEED.P.O., ALAPPUZHA-688009. 10 RAJESH.R., AGED 40 YEARS, SON OF N.RAMACHANDRA KURUP, CIVIL POLICE OFFICER-5389, KAINADY POLICE STATION, ALAPPUZHA, RESIDING AT ODACKAL HOUSE, THAYAMKARY.P.O., EDATHUA, ALAPPUZHA-689573. 11 K.BAIJU, AGED 45 YEARS, SON OF KESAVAN NAIR, SENIOR CIVIL POLICE OFFICER-5090, VIGILANCE AND ANTI-CORRUPTION BUREAU, ALAPPUZA, RESIDING AT THRIKKARTHIKA HOUSE, XIX/309, CNRA-26, MUNDAKKAL LANE, S.N.JUNCTION, TRIPUNITHURA, ERNAKULAM-682301. 12 VINOD.P., AGED 42 YEARS, SON OF PONNAPPAN, SENIOR CIVIL POLICE OFFICER-5119, DISTRICT CRIME BRANCH, ALAPPUZHA, RESIDING V M BHAVANAM, PARAVOOR, PUNAPRA NORTH.P.O., ALAPPUZHA-688014. 13 SAJIMON.M.P., AGED 47 YEARS, SON OF PANKAJAKSHAN, SENIOR CIVIL POLICE OFFICER-A4888, NEDUMUDY POLICE STATION, RESIDING AT MACHUNKAL, PUNNAPRA, ALAPPUZHA-688014. OP(KAT).No.395 OF 2019 3 14 MADHUSOODANAN NAIR.K., AGED 42 YEARS SON OF KUMARAN NAIR, SENIOR CIVIL POLICE OFFICER- A5081, DISTRICT SPECIAL BRANCH, ALAPPUZHA, RESIDING AT MADHU BHAVAN, VADACKAL.P.O., ALAPPUZHA-688003. BY ADVS. SMT.REKHA VASUDEVAN SMT.V.DEEPA RESPONDENTS/RESPONDENTS IN RA AND APPLICANTS AND RESPONDENTS IN OA: 1 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. 2 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. 3 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695001. 4 PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, KERALA. 5 STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695010, KERALA. 6 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 sp/04/10/19 JUDGE //True Copy// P.A. To Judge OP(KAT).No.395 OF 2019 6 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 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. EXHIBIT P1(A1) COPY OF THE GO.O.(MS)NO.16/80/HOME DATED 17.1.1980 (S.R.O.NO.82/80). EXHIBIT P1(A2) COPY OF THE GO.(MS)NO.125/80/HOME DATED 26.12.1980. EXHIBIT P1(A3) COPY OF THE GO.(MS)NO.125/80/HOME DATED 26.12.1980 PUBLISHED AS S.R.O.NO.1289/80. EXHIBIT P1(A4) COPY OF THE GO.(MS)NO.38/88/HOME DATED 22.3.1988. EXHIBIT P1(A5) 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.. EXHIBIT P1(A6) COPY OF THE G.O.(P)NO.33/89/HOME DATED 10.3.1989 (S.R.O. 402/89). EXHIBIT P1(A7) COPY OF THE ORDER NO.L6/67438/15 DATED 9.8.2006 OF DIRECTOR GENERAL OF POLICE. EXHIBIT P1(A8) COPY OF THE GO.(RT)NO.1384/07/HOME DATED 22.5.2007. EXHIBIT P1(A9) 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) COPY OF THE JUDGMENT OF THE HON. SUPREME COURT DATED 31.1.2014 IN SLP (CIVIL) NO.2960/2014. EXHIBIT P1(A12) 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) 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. EXHIBIT P1(A14) 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. EXHIBIT P1(A15) 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. EXHIBIT P1(A16) COPY OF THE LETTER NO.L6/44158/2013 DATED 23.10.2013 OF STATE POLICE CHIEF TO PRINCIPAL SECRETARY TO GOVERNMENT. EXHIBIT P1(A17) 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 TRUE COPY OF THE ORDER DATED 14.12.2017 IN OA NO.409 OF 2017 AND CONNECTED CASES OF THE KERALA ADMINISTRATIVE TRIBUNAL. EXHIBIT P3 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) COPY OF THE INTERIM ORDER DATED 20.12.2017 IN OP(KAT) NO.506 OF 2017 OF THE HONOURABLE HIGH COURT. EXHIBIT P3(RA3) COPY OF THE INTERIM ORDER DATED 12.3.2018 IN OP(KAT)NO.102/2018 OF THE HONOURABLE HIGH COURT. EXHIBIT P3(RA4) COPY OF THE COMMON ORDER DATED 31.10.2018 IN IA.6/2018 IN OP(KAT)506 OF 2017 OF THE HONOURABLE HIGH COURT. EXHIBIT P3(RA5) COPY OF ORDER NO.A3-74876/2018/A DATED 23.11.2018 ISSUED BY THE 3RD RESPONDENT ALONG WITH THE PROVISIONAL SENIORITY LIST. EXHIBIT P3(RA6) 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) 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. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 13.2.2019 IN RA(EKM)NO.10 OF 2019 OF THE HONOURABLE TRIBUNAL. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 7.8.2019 IN OP (KAT).147/2019 AND CONNECTED CASES OF THIS HONOURABLE COURT. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 6.9.2019 IN SLP (CIVIL) DAIRY NUMBER 30516 OF 2019 OF THE HONOURABLE SUPREME COURT.