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IN THE KERALA ADMINISTRATIVE TRIBUNAL AT


THIRUVANANTHAPURAM
(CAMP SITTING, ERNAKULAM)
Present:

The Hon'ble Mr. Benny Gervacis, Member

Dated this the 13th of March 2O19

OA[EKM]-493/2O19

Applicant(s):

Abdul Muneer.V, aged 38 years, S/o.Alavikkutty.,,Vengasseri House,


Koottil P.O, Mankada Via,Malappuram,Kerala -679324
Mobile - 9846201115

By Advs. MOHAMMED SHA P A & HARITHA V.A.

Respondent(s):

1) State of Kerala represented by Additional Chief Secretary,Home (A)


Department, Secretariat, Thiruvananthapuram-695 001, Kerala -0

2) Kerala Public Service Commission, Pattom Palace Post Office,


Thiruvananthapuram, Kerala 695004 Represented by its Secretary,, Kerala -0

3) Inspector General of Police (Training),Kerala Police Academy,


Ramavarmapuram, Thrissur-680631, Kerala -0

Sri. B. Hairsh Kumar - Government Pleader for R1 and R3, Sri. C. A. Majeed -
SC for KPSC for R2

This having been finally heard on 13th of March 2O19, the


Tribunal on the same day passed the following:
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BENNY GERVACIS, MEMBER


=========================================

OA[EKM]. NO. 493 OF 2019


==========================================
DATED THIS THE 13TH DAY OF MARCH 2019

ORDER

  The applicant was advised to the post of Sub Inspector of Police (Trainee) by

Annexure A1 advice memo dated 11.11.2015. Pursuant to the advice memo, the

applicant was issued with Annexure A2 order directing him to report for training.

The applicant was found fit for appointment as Trainee in the General Executive and

he has to commence training from 2.5.2016. It is submitted that the applicant in the

meanwhile had met with an accident which resulted in an injury to his knee and this

prevented him from reporting for training. Though he applied before the respondents

for extension of joining time, this was not considered. He was informed that his

advice was cancelled and that it was duly reported to the Public Service

Commission. The applicant again moved the Government and pursuant to

Annexure A6 representation, the State Police Chief addressed the first respondent

as per communication dated 3.4.2017. As per Annexure A7 communication, the

State Chief Police requested sympathetic consideration of the request of the

applicant for rejoining training with due concurrence of the Public Service

Commission as the NJD vacancy had already been reported to the PSC. As per

Annexure A8 communication the first respondent addressed the PSC for their

advice/report. It is stated that despite the communications Annexures A7 and A8, no


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action has been taken on the request of the applicant. The applicant seeks a

direction to the first respondent to take appropriate action on the request of the

applicant pursuant to Annexures A7 and A8. The applicant also relies on Annexure

A9 order G.O.Rt.No.1916/2017/Home dated 24.7.2017, which it is stated has been

issued in similar circumstances. The applicant seeks extension of similar benefit as

in Annexure A9.

In view of the facts noted above, the Original Application is disposed of directing

the first respondent to pass appropriate orders on the request of the applicant to

permit him to rejoin training as Sub Inspector of Police (General Executive) in the

Police Department. The first respondent shall pass appropriate orders on the

request in accordance with Annexures A7 and A8 within a period of three months

from the date of receipt of a copy of this order.

Sd/- BENNY GERVACIS, MEMBER

vns

Deputy Registrar (Judicial)


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APPENDIX

OA[EKM]-493/2O19

APPLICANT'S ANNEXURES:

The true copy of the advice memo No. RIC(1)16113/13/GW


Annexure A1- issued to the applicant by the 2nd respondent dated
11.11.2015.

The true copy of the order numbered Trg-I/5687/16/KEPA


Annexure A2-
dated 19.04.2016.

The true copy of the receipt of payment Rs.5000/- for uniform


Annexure A3-
articles to the Police Academy.

The true copy of the certificate issued by the doctor dated


Annexure A4-
13.05.2016.

The true copy of the letter No. RIC(1)16113/13/GW issued by


Annexure A5-
the 2nd respondent dated 04.08.2016.

The true copy of the representation filed by the applicant


Annexure A6-
before the Chief Minister dated 20.01.2017.

The true copy of the letter No. E2-137789/2016/PHQ issued


Annexure A7-
by the State Police Chief dated 03.04.2017.

The true copy of the letter No. 89105/A3/2017/Home issued


Annexure A8- by the 1st Respondent to the 2nd respondent dated
19.06.2017.

The true copy of the order G.O (Rt) No. 1916/2017/HOME


Annexure A9-
dated 24.07.2017.
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