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PETITIONER: P. THAMPAN

       Vs.

RESPONDENT: STATE OF KERALA & ANR

DATE OF JUDGMENT:       16/12/1996

BENCH: K. RAMASWAMY, G,T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have heard learned counsel on both sides.      This appeal  by special  leave arises from the judgment of the  Division Bench  of the  Kerala High  Court, made  on February 23, 1996 in Writ Appeal no.13 of 1995.      The appellant was working as Reserved Police Constable. The Government  notified recruitment  to the  post  of  Sub- Inspector  from   in-service  candidates  who  were  holding Graduation qualification  and  were  within  30  years.  The appellant  had  applied  for  the  said  post  but  was  not considered on  the ground  that he was not working in Police Department but  was working  as Sub-Inspector in the Special Police Department.  Unfortunately,  his  writ  petition  was clubbed with  another writ petition wherein it was held that persons  having,   already  left   the  service   of  police Department and  serving elsewhere were not eligible to apply for the  post of  Sub-Inspector;  though  other  cases  were decided on  merits, appellant’s  case was  not considered on merits. Admittedly,  he is  working in the Police Department not  in   the  regular   line  but  in  the  Special  Police Department. The  Government Order  No.G.O.MS. No.55/66/Home. dated 11the February, 1966 issued by Home DE (A) Department, Government of Kerala, Trivandrum indicates thus:      "Having       considered        the      recommendation  of   the  Inspector      General of  Police in  consultation      with  the   Kerala  Public  Service      Commission,  the   Government   now      direct that  all Graduates employed      in the  police Department,  such as      Clerks, Special  Branch Assistants,      Head   Constables,    and    Police      Constables    and    Officers    of      Corresponding rank,  within the age      of 30  years as on the first day of      July   of   the   year   in   which      applications are  invited, will  be      eligible to  apply for  the post of      Sub-Inspectors   of    Police    in

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    future."      A reading of the above paragraph would clearly indicate that Graduates  who were  employed in  the Police Department and were  within the  age limit of 30 years on the first day of July  of the  year were eligible to apply for the post of Sub-inspector of  the Police  Department. The enumeration of various posts  such as  Clerk, Special  Branch,  Assistants, Head Constables  and Police  Constables and  Officers of the corresponding  rank   would  indicate  that  they  are  only illustrative and  not exhaustive. Under these circumstances, all the  eligible graduates  within 30  years working in the Police Department  in whatever  branch, were  eligible to be considered for the post of Sub-Inspector. Now, the stand for not considering  his case taken by the Government is that he was already  promoted as  Sub-Inspector in  the Armed Police holding the  equivalent rank  of Sub-Inspector.  We find  no force in the contention. If the appellant seeks to come back to regular line of Police Department on consideration and if his found  to be  fit, he  is entitled  to be considered. It would be  open to him to get selected in accordance with the procedure. Under  these circumstances,  the disqualification now sought  to be  put is  no  impediment  to  consider  his candidature. The  Public Service  Commission is,  therefore, directed to consider his case according to Rules.      The appeal is allowed. No costs.