IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 WP(C).No. 15463 of 2010(G) ------------------------------------------ PETITIONER(S): ------------------------ 1. P.N.SAJI,ARMED POLICE INSPECTOR, KAP 5 BATTALION,PATHANAMTHITTA. 2. JOSEPH RUSSEL D'CRUZ,ARMED POLICE INSPECTOR,KERALA POLICE ACADEMY,THRISSUR,(ON DEPUTATION AS INSPECTOR ANTI CORRUPTION BUREAU. (CBI),KOCHI. 3. SOMY.K.SEBASTIAN ARMED POLICE INSPECTOR, KAP 5 BATTALION,PATHANAMTHITTA. 4. V.UDAYAKUMAR,ARMED POLICE INSPECTOR, (WAITING FOR POSTING AT POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 5. S.AJUMAL KHAN,ARMED POLICE INSPECTOR, KAP I BATTALION,THRISSUR. 6. K.ALEX,ARMED POLICE INSPECTOR, KERALA POLICE ACADEMY,THRISSUR. BY SRI.P.RAVINDRAN, SENIOR ADVOCATE, BY ADV. SMT.S.SHEEJA KUMARY(AYOOR), SMT.APARNA RAJAN. RESPONDENT(S): ----------------------------- 1. GOVERNMENT OF KERALA,REPRESENTED BY ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,HOME DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, ARMED POLICE BATTALION,THIRUVANANTHAPURAM. 4. T.V.SUMITHROV,ASSISTANT COMMANDANT, KAP 3 BATTALION,ADOOR,PATHANAMTHITTA. Kss ..2/- ...2.... WPC.NO.15463/2010 G 5. P.P.THOBIAS,ASSISTANT COMMANDANT, (ASSISTANT MARSHALL)KERALA LEGISLATIVE ASSEMBLY, TRIVANDRUM. 6. C.V.PAPPACHAN,ASSISTANT COMMANDANT, KERALA POLICE ACADEMY,THRISSUR. 7. KURIKESH MATHEW,ASSISTANT COMMANDANT, KAP 3 BATTALION,ADOOR,PATHANAMTHITTA. 8. T.CHANDRASEKHARAN NAIR,ARMED POLICE INSPECTOR,KAP 5 BATTALION,PATHANAMTHITTA. 9. A.J.THOMAS,ARMED POLICE INSPECTOR, SRAF,MALAPPURAM(WORKING ARRANGEMENT AT SAP,TRIVANDRUM). 10. JOHNY AUGUSTINE,ARMED POLICE INSPECTOR, KAP IV BATTALION,MANGATTUPARAMBU,KANNUR. 11. T.P.SYAMSUNDAR,ARMED POLICE SUB INSPECTOR,KAP IV BATTALION,MANGATTUPARAMBU,KANNUR. 12. C.ASOKAN,ARMED POLICE SUB INSPECTOR, SBCID,HEADQUARTERS,TRIVANDRUM. 13. K.SURESH RAJ,ARMED POLICE INSPECTOR, SRAF,PANDIKKAD,MALAPPURAM. 14. K.S.BHADRAKUMAR,ARMED POLICE INSPECTOR, SBCID HEADQUARTERS,TRIVANDRUM. 15. C.JAYAKUMAR,ARMED POLICE INSPECTOR, KAP 3 BATTALION,ADOOR,PATHANAMTHITTA. 16. T.J.BABY,ARMED POLICE INSPECTOR, KAP 5 BATTALION,PATHANAMTHITTA. 17. MATHEW THOMAS,ARMED POLICE INSPECTOR, SRAF,PANDIKKADU,MALAPPURAM. 18. S.ANIL KUMAR,ARMED POLICE INSPECTOR, SAP TRIVANDRUM. 19. P.AJAYAKUMAR,ARMED POLICE INSPECTOR, SAP PEROORKADU,TRIVANDRUM. 20. A.SASIKUMAR,ARMED POLICE INSPECTOR, (SECURITY OFFICER)KERALA AUTOMOBILE LTD., NEYYATTINKARA,TRIVANDRUM. Kss 3/- ..3.... WPC.NO.15463/2010 G 21. ROY.P.JOSEPH,ASSISTANT COMMANDANT, SAP,PERURKADA,TRIVANDRUM. 22. ALEX ABRAHAM,ARMED POLICE INSPECTOR, KAP 5 BATTALION,PATHANAMTHITTA. 23. M.RAJAN,ASSISTANT COMMANDANT, SAP,TRIVANDRUM. 24. C.A.LISTON,ARMED POLICE INSPECTOR, KAP I BATTALION,THRISSUR. 25. B.MOHANAN,ARMED POLICE INSPECTOR, MARINE POLICE STATION,FORT KOCHI,ERNAKULAM. 26. C.M.SUDHEERKUMAR,ARMED POLICE SUB INSPECTOR,SRAF,MALAPPURAM. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI. P.NANDAKUMAR R4, R8, R9,10,11,12,19,20,24 & 26 BY ADVS. SRI.B.RAGUNATHAN, SRI.R.SRINATH, SMT.P.RETNAKUMARI. SRI.NIKHIL GEORGE (PALAKKAPPILLIL), SRI.G.S.MOHANDAS, SRI.M.SALIM. R5, R7 BY ADV. SRI.P.C.SASIDHARAN R21 & 23 BY SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE, BY ADV. SMT.K.RADHAMANI AMMA, SRI.PRAKASH KESAVAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON 18/08/2010 DELIVERED THE FOLLOWING: Kss WPC.NO.15463/2010 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT EXTRACT OF THE LIST FOR THE PERIOD FROM 1987 - 31/12/1999. P2: COPY OF THE EXPERT COMMITTEE REPORT DTD. 11/03/2005. P3: COPY OF THE JUDGMENT IN W.A.NO.462/02 DTD. 20/06/2005. P3(A): COPY OF THE GAZETTE DTD. 20/06/06. P4: COPY OF GOVERNMENT ORDER DTD. 30/03/2006. P5: COPY OF GOVERNMENT ORDER DTD. 23/06/2007. P6: COPY OF THE ORDER DTD. 21/11/09. P7: COIPY OF OBJECTION FILED BY THE 4TH PETITIONER DTD. 4/12/09. P7(A): COPY OF OBJECTION FILED BY THE 4TH PETITIONER DTD. 19/12/09. P7(B): COPY OF OBJECTION FILED BY THE 4TH PETITIONER DTD. 19/12/09. P7(C): COPY OF OBJECTION FILED BY THE 4TH PETITIONER DTD. 19/04/10. P8: COPY OF THE OBJECTION FILED BY THE 5TH PETITIONER DTD. 4/12/09. P8(A): COPY OF THE OBJECTION FILED BY THE 5TH PETITIONER DTD. 19/12/09. P8(B): COPY OF THE OBJECTION FILED BY THE 5TH PETITIONER DTD. 19/12/09. P8(C): COPY OF THE OBJECTION FILED BY THE 5TH PETITIONER DTD. 19/04/10. P9: COPY OF THE JUDGMENT IN WP(C) NO.1244/2010 DTD. 14/01/2010. P10: COPY OF THE RELEVANT EXTRACT OF THE FINAL SENIORITY LIST FOR THE PERIOD FROM 18/01/84 TO 1/3/92 DTD. 9/04/10. P11: COPY OF THE GOVERNMENT ORDER DTD. 26/04/2010. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE REPRESENTATION DTD. 25/07/1988 OF RESPONDENT NO.20 TO THE 3RD RESPONDENT. R4(B): COPY OF THE LETTER DTD. 17/03/1999 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. Kss ..2/- ..2.... WPC.NO.15463/2010 G R4(C): COPY OF THE LETTER DTD. 16/06/2000 OF THE 2ND RESPONDENT TO THE DEPUTY INSPECTOR GENERAL OF POLICE, AP BATTALION. R4(D): COPY OF THE LETTER DTD. 5/11/2005 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT. R4(E): COPY OF THE REPRESENTATION DTD. 15/11/2004 OF THE 8TH RESPONDENT TO THE 3RD RESPONDENT. R4(F): COPY OF THE REPRESENTATION DTD. 3/2005 OF THE 8TH RESPONDENT TO THE ADDITIONAL DIRECTOR GENERAL OF POLICE, AP BATTALION. R4(G): COPY OF THE LETTER DTD. 3/2007 OF THE 2ND RESPONDENT BY ENDORSEMENT DTD. 7/04/2007. R4(H): COPY OF THE LETTER DTD. 26/06/1999 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. R4(I): COPY OF THE LETTER DTD. 2/05/2001 OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT. R4(J): COPY OF THE REPRESENTATION DTD.21/10/2008 OF THE 19TH RESPONDENT TO THE 1ST RESPONDENT. R4(K): COPY OF THE LETTER DTD. 27/07/2007 OF THE 2ND RESPONDENT TO THE 3RD RESPONDENT AND OTHERS. R4(L): COPY OF G.O.(RT) NO.3040/2007/HOME DTD. 12/11/2007. R4(M): COPY OF THE NOTICE DTD. 9/12/2008 OF THE 2ND RESPONDENT. R5(A): COPY OF THE DGO NO.28 DTD. 01/01/1988. R5(B): COPY OF S.O.NO.3/88/AP DTD. 04/01/1988. R5(C): COPY OF G.O.(P) NO.113/89/HOME DTD. 07/09/1989. R5(D): COPY OF G.O.(RT) NO.423/1994/HOME DTD. 08/03/1994. R5(E): COPY OF ORDER DTD. 31/08/1994. R5(F): COPY OF THE JUDGMENT IN O.P.NO.19716 OF 1995. R5(G): COPY OF THE JUDGMENT IN WP(C) NO.6668/1996. R5(H): COPY OF G.O.(RT) NO.729/2005/HOME DTD. 21/03/2005. R10(A):COPY OF THE ORDER DTD. 12/07/1985 OF THE 2ND RESPONDENT. R10(B): COPY OF THE ORDER DTD. 24/04/1986 OF THE 2ND RESPONDENT. Kss ..3/- ..3... WPC.NO.15463/2010 G R10(C): COPY OF THE ORDER DTD. 6/10/1986 OF THE 2ND RESPONDENT. R10(D): COPY OF THE ORDER DTD. 1/1/1988 OF THE 2ND RESPONDENT. R10(E): COPY OF THE ORDER DTD. 20/01/1988 OF THE 2ND RESPONDENT. R10(F): COPY OF THE ORDER DTD. 10/02/1988 OF THE 2ND RESPONDENT. R10(G): COPY OF THE ORDER DTD. 19/02/1988 OF THE PRINCIPAL, POLICE TRAINING COLLEGE, THIRUVANANTHAPURAM. R10(H): COPY OF THE ORDER DTD. 6/04/1988 OF THE 2ND RESPONDENT. R10(I): COPY OF THE ORDER DTD. 24/07/1989 OF THE PRINCIPAL, POLICE TRAINING COLLEGE, THIRUVANANTHAPURAM. R10(J): COPY OF THE ORDER DTD. 6/03/1991 OF THE COMMANDANT, KAP VTH BATTALION. R10(K): COPY OF THE LETTER DTD. 27/06/1994 (ENDORSEMENT DTD. 28/06/1994) OF THE DEPUTY INSPECTOR GENERAL OF POLICE, AP BATTALION. R10(L): COPY OF THE ORDER DTD. 10/02/1995 OF THE DEPUTY INSPECTOR GENERAL OF POLICE, AP BATTALION. R10(M): COPY OF THE ORDER DTD. 18/10/1995 OF THE DEPUTY INSPECTOR GENERAL OF POLICE, AP BATTALION. R10(N): COPY OF THE ORDER DTD. 18/10/1995 OF THE COMMANDANT, KAP IVTH BATTALION. R10(O): COPY OF THE ORDER DTD. NIL 7/1999 OF THE DEPUTY INSPECTOR GENERAL OF POLICE, AP BATTALION. R10(P): COPY OF THE ORDER DTD. 19/05/2001 OF THE DEPUTY INSPECTOR GENERAL OF POLICE, AP BATTALION. R10(Q): COPY OF THE ORDER (SELECT LIST) DTD. 28/12/2001 OF THE DEPUTY GENERAL OF POLICE, AP BATTALION. R10(R): COPY OF G.O.(MS) NO.113/89/HOME DTD. 7/09/1989. R10(S): COPY OF G.O.(MS) NO.98/94/HOME DTD. 9/06/1994. R10(T): COPY OF THE LETTER DTD. 27/05/1999 OF THE 1ST RESPONDENT. R10(U): COPY OF G.O.(MS) NO.30/94/HOME DTD. 3/3/1994. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 15463 OF 2010(G) -------------------------------------------------- Dated this the 18th day of August, 2010 J U D G M E N T Prayers sought in this writ petition are to quash Ext.P10 seniority list to the extent it includes the names of respondents 4 to 26, to direct the 2nd respondent to finalise the seniority list of Sub Inspector of Police (Armed Police Battalion) afresh and to declare that the 3rd respondent is not competent to retrospectively regularize the appointments of respondents 4 to 26 in the cadre of Sub Inspector of Police(Armed Police Battalion) before they were appointed on a regular basis. 2. The Kerala Police Subordinate Service (Armed Police Battalion) Special Rules, 1984 (here-in-after referred to as the “Special Rules” for short) came into force with effect from 18.1.1984. The categories which constitute the said service are Armed Police Sub Inspector, Armed Police Assistant Sub Inspector, Havildar and Police Constable. Rule 3(a) of the Special Rules lays down the method of appointment to these posts. Rule 3(c) provides that appointments may also be made by promotions to the categories of APSI, APASI and Havildar from the immediate lower category concerned, from among those who have earned WPC.No. 15463/2010 :2 : conspicuous distinction in the fields of athletics and games, irrespective of the seniority of the person concerned in the category from which promotion is to be made and irrespective of the fact whether he possesses the qualification prescribed for promotion to the post concerned. Rule 3(f) also provides that notwithstanding Rule 3(a), the Director General and Inspector General of Police may after getting the approval of the Government select for appointment by direct recruitment, outstanding athletes and sportsmen to the categories of APSI, APASI and Havildar, provided they possess the qualifications specified in the Appendix to the Special Rules. 3. In so far as the petitioners herein are concerned, they entered service as APSIs as direct recruits, on the advise of the PSC. Petitioners No.1 and 2 were advised on 5.10.1991, 3rd petitioner was advised on 23.11.1992 and 4th, 5th and 6th petitioners were advised on 18.6.1993. They were promoted and are presently working in the cadre of Armed Police Inspectors. In so far as respondents 4 to 26 are concerned, they, being sportsmen, were appointed on various dates by orders issued in 1984,1985,1986 and 1988 in the categories of APSI, APASI and Havildar. Although it is the case of the petitioners that these persons being sportsmen, were WPC.No. 15463/2010 :3 : appointed in the aforesaid categories on contract basis for short durations, from the affidavit dated 8.7.2010 filed by respondents 10,11,24 and 26 and the documents produced by them, it is seen that the appointments made by the then Director General and Inspector General of Police, Thiruvananthapuram were regular appointments. The documents produced by them substantiating this conclusion are; (1) Ext.R10(a) is the order dated 12.7.1985 issued by the Director General appointing respondents 8 and 9 as APASI trainees against the vacancies in the 5th battalion Kerala Armed Police, Ernakulam.This order provides that they were to undergo training for a period of 9 months on payment of stipend, that on completion of successful training they would be appointed as probationary APASIs and such other conditions for regular appointment are also incorporated. (2) Ext.R10(c) is the order appointing respondents No. 11 as APASI. (3) Ext.R10(d) is the order dated 1.1.1988 promoting respondents 20,21 and 22 to the category of APASI, in WPC.No. 15463/2010 :4 : terms of the provisions contained in Rule 3(c) of the Special Rules. (4) Ext.R10(e) is the order appointing respondent No.24 as the APASI. (5) Ext.R10(f) is the order regularly appointing respondents 1 1 and 12 on completion of the period of their training as APASIs. (6) Ext.R10(g) is the order of the Principal, Police Training College, declaring that the persons mentioned therein, which includes respondents 10 and 23, have completed their training and are allotted to APTC, Trissur. (7) Ext.R10(h) is the order dated 6.4.88 issued by the Director General, appointing respondent No.26 as Trainee in the post of APSI subject to the conditions mentioned therein. (8) Ext.R10(i) is the order of the Vice Principal of the Police Training College declaring successful completion of the period of training by the 26th respondent. (9) Ext.R10(j) is the order promoting 24th respondent as APASI with the sanction of the Government as WPC.No. 15463/2010 :5 : APASI and putting him on probation. (10) By Ext.R10(k), probation of the 24th respondent was declared. (11) Ext.R10(l) is the order declaring satisfactory completion of probation by the 26th respondent. (12) By Ext.R10(m) the 10th respondent is declared to have satisfactorily completed his probation. (13) Ext.R10(o) is the order issued in respect of the 20th respondent who had satisfactorily completed probation in the post of APASI. (14) Ext.R10(p) is the order dated 8.5.2001, regularizing the appointment of respondents mentioned therein as APASI with effect from the dates mentioned in the said order. (15) Ext.R10(q) is the proceedings of the DIG of Police, publishing the list of APASIs fit for promotion as APSI for the period from 1987 to 1996 which includes the names of many of the respondents herein. (16) Ext.R10(r) is an order issued by the Government of Kerala on 7th of September, 1989, accepting the recommendation of the Director WPC.No. 15463/2010 :6 : General of Police, that the officers who have brought credit to the Kerala Police by their outstanding performance should be suitably rewarded and appointing the officers mentioned therein as Armed Police Inspectors/ Reserve Inspector against supernumerary post invoking Rule 39 of the General Rules. Similarly some of the officers have been promoted as APSIs and also APASIs. (17) Ext.R10(s) is Government Order dated 9.6.1994 ratifying the action of the Director General of Police in having appointed the persons mentioned therein as Havildars without the prior approval of the Government and regularizing them in service from the date they joined duty. (18) Similar order of ratification is Ext.R10(u). 4. The appointments and reappointments of outstanding athlets and sportsmen, including that of respondents 4 to 26 were made after 18.1.1984, when the Special Rules were implemented and in terms of the provisions contained in Rule 3(c) and (f) of the Special Rules. These appointments/reappointments of sportsmen in WPC.No. 15463/2010 :7 : various categories in the Armed Battalion were mostly in excess of the 10% quota earmarked for direct recruitment of sportsmen in the 25% quota earmarked for direct recruitment. Therefore, such irregular appointments led to seniority disputes among the officers in the AP Battalions and a series of cases were filed before this court and the Supreme Court. As a result of all this, seniority in AP Battalions was remaining unsettled for the last several years. 5. In order to settle the seniority disputes in the Armed Police Battalions, due to appointments/reappointments and out of turn promotions of sportsmen in various categories, the Director General of Police by his order dated 23.12.2004, constituted a Committee of Senior Police Officers. While this Committee was examining the associated issues in order to come out with concrete proposals for sorting out the problem of regularization of the appointments of sports personnel in the Armed Police Battalion, on 3.1.2005 Ext.P1 seniority list of APSIs for the period from 1.1.87 to 31.12.1999 was published. In this seniority list petitioners were ranked at Sl.Nos.69, 73, 77, 104, 105 and 106, whereas, respondents 4 to 26 were shown as far juniors to them. Writ petitions were filed against Ext.P1 seniority list and while those writ petitions WPC.No. 15463/2010 :8 : were pending before this court, in March, 2005, the Committee appointed by the Director General of Police submitted its report, a copy of which is Ext.P2, with the following recommendations. “V. The committee recommended that:- 1. Seniority of ASIs,SIs and APIs in the APBs from the year 1984 onwards may be revised applying the above principle. 2. Office of the DIG APBs may be directed to scrutinize the records of appointments and promotions and to see whether there are more cases which should be included in Annexure-B. 3. Government may be moved to create such number of supernumerary posts in higher ranks as are equal to the number of irregular sport promotion to such ranks which were ordered by the Government/Department in violation of the rules. This is to avoid reversion of sports personnel who have irregularly benefited and to ensure that the non sports personnel are given their due as per rules. In this connection it may be noted that Government had, in the past already created large number of supernumerary posts given in Annexure C of various ranks to accommodate excess appointments of sports personnel. Most of these posts are outlived their purpose because incumbents were later promoted. Our present proposal will need only less than 15 supernumerary posts now in higher ranks as against the large number of supernumerary posts originally sanctioned and created by Government in the past. WPC.No. 15463/2010 :9 : 4. Government may be moved to accept the above principle. 5. It may be ensured that all actions taken by the department and Government are in conformity with the notified rules. If a brilliant sports person cannot be sufficiently rewarded within the ambit of the rules, then government may give him a suitable cash reward instead of giving a promotion contemplated in the rules.” 6. The Writ Petitions and Writ Appeal No.462/02, then pending against Ext.P1 seniority list, were disposed of by Ext.P3 common judgment rendered on 20th of June, 2005. Regarding Ext.P1 seniority list, it was directed that any promotion effected until the date of seniority list shall have to be revised based on the list and that the said exercise shall be completed within 3 months. Taking note of Ext.P2 report of the Committee appointed by the Director General of Police, which was submitted subsequent to finalization of Ext.P1 seniority list, the Division Bench directed that it was only appropriate that the Director General of Police to whom the report was submitted to consider whether it is to be accepted or not and to take follow up action within 3 months. It was also directed that if such an exercise will adversely affect any one who had been given final ranking in the seniority list, he shall be given an opportunity of being WPC.No. 15463/2010 :10 : heard. 7. While so, taking note of Ext.P2 report, the Government issued order dated 30.3.2006, constituting another committee to examine the financial, legal and other implications of the recommendations made by the Committee appointed by the Director General of Police. It was while so, that Ext.P3(a), the select list for the post of APSI for the years 1994-2005 was published on 20th June, 2006. 8. The committee appointed by the Government submitted its report and on 5.2.2007, the Director General of Police submitted a proposal to the Government for the creation of 230 supernumerary posts in the rank of Havildars, APASI, APSI, API and AC for regularization of the appointments of sports persons in various categories in the Armed Police Battalion. Accepting the proposal, the Government issued Ext.P5 order dated 23.6.2007, the relevant portion of which reads as under. Accordingly, the D.G.P. vide his letter dated 5.2.2007 read above has forwarded a proposal to Government for the creation of 230 supernumerary posts in the rank of Havildars, APASI, APSI, API and AC for the regularization of the appointments of persons appointed in various categories in the past under sports quota in the A.P.Battalions for the period for each person in each category as detailed in Annexure 1 appended to this order. He had also proposed to WPC.No. 15463/2010 :11 : create supernumerary post of one Deputy Commandant and 7 Assistant Commandants for the future for accommodating one Deputy Commandant and 7 Assistant Commandants now working under sports quota on out of turn promotion as detailed at Annexure II appended to this order. These posts will continue till they get regular placement in their respective ranks or cessation of posts by their retirement. Government have examined the proposal in detail and are pleased to accord sanction for the creation of 230 supernumerary posts for the past period in the rank of Havildar- 108,APASI-56,APSI-29,API-28 and AC-9 for the period for each person as detailed in the Anneuxre-1 appended to this order. Sanction is also accorded for the creation of one post of Deputy Commandant and 7 posts of Assistant Commandants for the future for accommodating one Deputy Commandant and 7 Asst. Commandants now working under sports quota on out of turn promotion basis for the periods for each person as detailed in Annexure-II appended to this order. “ 9. Annexures to Ext.P5 Government order contain the details of the supernumerary posts in various categories and the past periods for which the posts are created for regularization of the sports persons appointed/re-appointed or promoted. From Ext.R4(k) dated 27.7.2007 issued by the Director General of Police to the 3rd respondent, it is seen that a meeting was held at Police Headquarters on 11.7.2007 in regard to the implementation of Ext.P3 common judgment and regularization of the appointments in the sports quota. It is stated that in implementation of Ext.P3 common judgment WPC.No. 15463/2010 :12 : and Ext.P5 Government Order, seniority list of all categories, from and above the rank of Havildars in AP Battalion, have to be prepared from 1984 onwards. Thereafter detailed instructions have been given, and in conclusion, it is ordered that; The Inspector General of Police (AP Battalions) will then prepare the Seniority List of APSIs, APASIs and combined Seniority List of Havildars as on 1/1/1985 and for the subsequent years as per the process mentioned above. The Inspector General of Police, Armed Battalions will also prepare the Select Lists of APASIs and Havildars fit for promotion as APSIs and Havildars fit for promotion as APASIs for the subsequent years based on the seniority Lists of APASIs and Havildars. 10. In pursuance to the above, seniority lists in the categories of Havildars, APASI, APSI, API and AC in the Armed Police Battalion as on 18.1.1984 have been published, and that in order to publish the seniority lists for subsequent years after 18.1.1984, regularization of sports personnel as recommended in Ext.P2 report and as ordered in Ext.P5 Government order, are to be materialized. In pursuance to the above, Ext.R4(m) notice was issued by the 2nd respondent informing the persons appointed in the sports quota that they are to be regularized against the vacancies of APASIs arising after their appointments and that until then, they will be WPC.No. 15463/2010 :13 : treated as supernumerary in the posts that have been created by Ext.P5. It is stated in Ext.R4(m) that the said notice was issued for the purpose of informing the persons appointed under the sports quota of the circumstances leading to the issuance of Ext.P5 and their regularization. They were requested to submit objections, if any, in the matter, within 7 days. 11. In pursuance to the directions contained in Ext.R4(k) referred to above and in order to complete the process as ordered therein, Ext.P6 notice was issued by the 3rd respondent on 21.11.2009, paragraph 13 to 18 of which, being relevant, reads as under. “13. The vacancies of APSIs taken for sending the proposal to Government for creation of Supernumerary posts was based on the seniority list of APSIs published as per PHQ No.L1-252/05 dt. 3.1.05 which has been accepted as Ext.P8 in the Common Judgment dated 20/6/05 in WA No.462/02, CCC No.1293/00 and 193/01, OP No.22547/00 and 4880/01. WP(C) No.36955/04 of the Hon'ble High Court of Kerala. In para 2 of the judgment, the Hon'ble High Court issued direction as follows:- “2. What remains is the grievance voiced in O.P.No.4880 of 2001. It is submitted by the counsel for the petitioners therein that even in Ext.P8 mentioned above certain persons have been given undue seniority. Ext.P17 in that original petition is a report of the Committee of Officers on Regularization of Appointments of Sports Personnel. That Report is dated 11.3.2005. It is subsequent to the finalisation of Ext.P8 seniority list mentioned above. Consequently, the effect of the Report would not have been considered WPC.No. 15463/2010 :14 : while giving such persons seniority in Ext.P8 final seniority list mentioned above. It is not clear whether Ext.P17 report has been accepted or not. In such circumstances, it is only appropriate for the Director General of Police to whom Ext.P17 Report is submitted to consider whether it is to be accepted or not and this exercise shall be done within two months from the date of receipt of a copy of this judgment and follow up action shall be taken within another three months. If such exercise adversely affects anyone who had been given final ranking in Ext.P8 final seniority list, he shall be given an opportunity of being heard. This disposes of O.P.No.4880 of 2001”. Accepting the recommendation of the High Level Committee and also in compliance with the common judgment, supernumerary posts for accommodating Sports Personnel till their absorption in the mainstream has been created as per the GO(MS) 146/07/Home dated 23.6.2007. In the Common Judgment dt. 27.5.2008 in the WP(c).No.24870,25439 & 29950/07 (writ petitions filed against the Government Order) the Hon'ble High Court ordered that the period of Supernumerary posts shown in annexure to the GO(MS) 146/07/Home dt.23.6.2007 will be treated as a proposal on the part of the Government and only as a notice. The vacancies of APSIs from 18.1.84 to 1.3.92 are identified and the supernumerary