Kerala High Court
OP(KAT)/397/2019 of ANTONY.M.J Vs ANANDAKUMAR.R on 30 May 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE V.G.ARUN WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941 OP(KAT).No.397 OF 2019 AGAINST THE ORDER DATED 13.02.2019 IN R.A(EKM)NO.13/2019 IN OA 1430/2017 OF KERALA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941
OP(KAT).No.397 OF 2019
AGAINST THE ORDER DATED 13.02.2019 IN R.A(EKM)NO.13/2019 IN OA
1430/2017 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
ANTONY.M.J, AGED 53 YEARS
SON OF M D JOSEPH, SENIOR CIVIL POLICE OFFICER-4245, VIGILANCE AND ANTI CORRUPTION BUREAU, ALAPPUZHA, RESIDEING AT MADAMANA HOUSE, MUHAMMA P.O,
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 688 527
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 690 511
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 690 572
HAREES A, AGED 47 YEARS
SON OF ABOOBACKER, SENIOR CIVIL POLICE OFFICER-4536, VALLIKUNNAM POLICE STATION, ALAPPUZHA, RESIDING AT KOLELIL PADEETHIL, ELIPPAKULAM P.O, PALLICKAL, ALAPPUZHA 690 503
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 690 106
S SUNIL KUMAR, AGED 46 YEARS
SON OF SREENIVALSAN, SENIOR CIVIL POLICE OFFICER- 4895, VALLIKUNNAM POLICE STATION, RESIDING AT
NOOPURAM (PERUMANA), KOTTACKUPURAM,
CLAPPANA P.O, KOLLAM 690 525
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 688 011
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 688 009
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 689 573
K BAIJU, AGED 45 YEARS
SON OF N RAMACHANDRA KURUP, CIVIL POLICE OFFICER
5389, KAINADY POLICE STATION, ALAPPUZHA, RESIDING AT THRIKKARTHIKA HOUSE, XIX/309, CNRA-26, MUNDAKKAL LANE, S.N.JUNCTION, TRIPUNITHURA, ERNAKULAM – 682 301
VINOD P, AGED 42 YEARS
SENIOR CIVIL POLICE OFFICER-5119, DISTRICT CRIME
BRANCH, ALAPPUZHA, RESIDING AT V M BHAVANAM, PARAVOOR, PUNAPRA NORTH P.O, ALAPPUZHA 688 014
SAJIMON M P, AGED 47 YEARS
SON OF PANKAJAKSHAN, SENIOR CIVIL POLICE OFFICER- A48888, NEDUMUDY POLICE STATION RESIDING AT
MACHUNKAL, PUNNAPRA, ALAPPUZHA 688 014
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 688 003
BY ADV. SMT.REKHA VASUDEVAN
OP(KAT).No.397 OF 2019 ..3..
RESPONDENT/S:
ANANDAKUMAR.R,AGED 46 YEARS
SON OF LATE RAMACHANDRAN PILLAI, GRADE ASI (CPO
4519) SPECIAL BRANCH, ALAPPUZHA, RESIDING AT AVANI, PALLARIMANGALAM P.O, ALAPPUZHA, KERALA 688 001
AJAYAKUMAR B,AGED 47 YEARS
SON OF BHARGAVAN, GRADE ASI (CPO 4490),
KAYAMKULAM POLICE STATION RESIDING AT
SUMANGALATH, , KANDALLOOR NORTH,
PATTADI MARKET P.O, KAYAMKULAM , KERALA 688 001
GIRISH KUMAR V,AGED 47 YEARS
SON OF P N VASU, GRADE ASI (CPO 4495),
PULINKIUNNU POLICE STATION, ALAPPUZHA,
RESIDING AT THEKKETHAZHCHAYIL, PUNNAPRA P.O,
STATE OF KERALA,REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA 695 001
THE STATE POLICE CHIEF,
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA 695 014
THE INSPECTOR GENERAL OF POLICE,
ERNAKULAM RANGE, ERENAKULAM KOCHI 695 004, KERALA
THE DISTRICT POLICE CHIEF,
ALAPPUZHA P.O, KERALA
SRI BIJESH KUMAR M.S, CPO A-4525,
TRAFFIC POLICE UNIT, KAYAMKULAM P.O,
ALAPPUZHA, KERALA 680 001
SRI BAIJU G, CPO A-4526,
EDATHUA POLICE STATION, EDATHUA P.O,
ALAPPUZHA , KERALA 688 001
SRI MADHU V, CPO A-4527,
VENMONY POLICE STATION, VENMONY P.O,
ALAPPUZHA DISTRICT, KERALA 688 001
SR.GP SRI.P.N.SANTHOSH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 09.10.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT).No.397 OF 2019 ..4..
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JUDGMENT
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 SB/09.10.2019 JUDGE
APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION (O.A(EKM) NO. 1430 OF 2017 FILED BY THE RESPONDENTS 1 TO 3 ON THE FILES OF THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL EXHIBIT P1(A1) COPY OF THE G.O(P) NO 33/89/HOM DATED 10-03- 1989 ISSUED BY THE GOVERNMENT EXHIBIT P1(A2) COPY OF THE G.O(P) NO. 125/80/HOME DATED 26- 12-1980 ISSUED BY THE GOVERMENT EXHIBIT P1(A3) COPY OF THE ORDER NO. L6/38968/2011 DATED 27-02-2012 ISSUED BY THE 2ND RESPONDENT EXHIBIT P1(A4) COPY OF THE LEGAL PINION DATED 01-0-2013 OBTAINED UNDER THE RIGHT TO INFORMATION ACT TO SRI JOHN VARGHESE EXHIBIT P1(A5) COPY OF THE LEGAL OPINION DATED 01-0-2013 OBTAINED UNDER THE RIGHT TO INFORMATION ACT TO SRI JOHN VARGHESE EXHIBIT P1(A6) COPY OF THE ORDER NO. L6/105320/2013 DATED 21-10-2013 ISSUED BY THE 3RD RESPONDENT EXHIBIT P1(A7) COPY OF THE ORDER L6/44158/2013 DATED 23-10- 2013 ISSUED BY THE 3RD RESPONDENT EXHIBIT P1(A8) COPY OF THE MINUTES OF THE MEETING DATED 06- 11-2013 OF THE HIGH LEVEL MEETING EXHIBIT P1(A9) COPY OF THE LETTER NO. L6/44158/2013 DATED 02-12-2013 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT P1(A10) COPY OF THE LETTER NO. L6/44158/2013 DATED 10-12-2013 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPPONDENT EXHIBIT P1(A11) COPY OF THE DECISION DATED 17-10-2014 OBTAINED BY SRI PADMAKUMAR UNDER RIGHT TO INFORMATION ACT FROM THE ST RESPONDENT EXHIBIT P1 (A12) COPY OF THE COMMUNICATION DATED 18-12-2014 RECEIVED BY SRI PADMAKUMAR FORM THE 1ST
RESPONDENT UNDER RIGHT TO INFORMATION ACT EXHIBIT P1(A13) COPY OF THE G.O(P) NO. 37/2015/HOME DATED 26-02-2015 ISSUED BY THE GOVERNMENT. EXHIBIT P1(A14) COPY OF THE D.O NO. 309/17 DATED 01-06-2017 ISSUED BY THE 4TH RESPONDENT EXHIBIT P1(A15) COPY OF THE NOTIFICATION G.O(P) NO. 28/2017/HOME DATED 16-02-2017 ISSUED BY THE GOVERNMENT EXHIBIT P2 TRUE COPY OF THE ORDER DATED 14-12-2017 IN OA (EKM) 1430 OF 2017 AND CONNECTED CASES OF THE KEERALA 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 JOHN TOGETHER, MA SEEKING LEAVE AND MA FOR STAY EXHIBIT P3(RA2) COPY OF THE INTERIM ORDER DATED 20-12-2017 IN OP(KAT) 506 OF 2017 OF THE HONOURABLE HIGH COURT EXHIBIT P3(RA3) COPY OF THE INTERIM ORDER DATED 12-03-2018 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 THE 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. A4 43500/07A DATED 02- 02-2009 ISSUED BY THE SUPERINTENDENT OF POLICE , ALAPPUZHA ALONG WITH THE SENIORITY EXHIBIT P3(RA7) COPY OF THE ORDER NO. ADO NO. 640/2013 DATED 20-12-2013 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 13-02-2019 IN RA(EKM) NO. 13 OF 2019 OF THE HONOURABLE TRIBUNAL EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 07-08-2019 IN OP(KAT) 147/2019 AND CONNECTED CASES OF THIS HONOURABLE COURT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 06-09-2019 IN SLP (CIVIL) DAIRY NUMBER 30516 OF 2019 OF THE HONOURABLE SUPREME COURT. RESPONDENTS EXTS: NIL // TRUE COPY // P.A TO JUDGE