New Delhi: The Supreme Court has upheld an order directing the Kerala government to pay compensation to a retired police officer who was denied a timely promotion to the Indian Police Service (IPS) due to administrative lapses by the state government. A Supreme Court bench, comprising Justices M M Sundresh and P B Varale, dismissed the appeal filed by the state government, affirming the decision of the Kerala High Court.

The Supreme Court directed that compensation be paid to C B Abdul Rahman Kutty, a retired Superintendent of Police (SP) from the Kerala Police. Kutty entered the service as a Sub-Inspector in 1966 and was later promoted as Circle Inspector in 1974 and Deputy Superintendent of Police (DySP) in 1983. He was then promoted as Superintendent of Police in 1995.

Upon completing eight years of service as a DySP, Kutty became eligible for consideration for the IPS cadre in Kerala in 1992. However, despite having vacancies, the state government failed to convene Select Committee meetings during 1995–96. Although Kutty was included in the select list prepared in 1997, the Union Public Service Commission (UPSC) approval was delayed due to the state government's inaction, coming through only after his retirement on November 30, 1997.

Kutty approached the court contending that had the promotion been granted on time, he would have been entitled to the salary and benefits of an IPS officer for the period he would have served. The trial court ruled in his favour, directing the state government to pay ₹6,84,828 with 6% interest as compensation for the financial loss incurred.

The Kerala government subsequently appealed the verdict in the High Court, arguing that under the Administrative Tribunals Act, civil courts lack jurisdiction over service matters and invoked the principle of “no work, no pay”. However, the High Court rejected this plea, ruling that the case involved negligent, irresponsible and indifferent inaction by officials, and that civil courts, not administrative tribunals, had the authority to decide such claims.

By upholding the High Court’s verdict, the Supreme Court has now directed the immediate disbursement of compensation to C B Abdul Rahman Kutty.

Standing Counsel Marsook Bafaki Thangal represented the Kerala State Government, while Advocate Haris Beeran appeared on behalf of C B Abdul Rahman Kutty.