IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 9561 of 2002(L)
1. M.N. KONTHALAM, S/O. NAINAR,
... Petitioner
Vs
1. THE SECRETARY TO GOVERNMENT,
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE DEPUTY INSPECTOR GENERAL
4. THE DEPUTY INSPECTOR GESNERAL OF POLICE,
5. THE SUPERINTENDENT OF POLICE,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :23/11/2006
O R D E R
KURIAN JOSEPH, J.
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O.P.No.9561 of 2002
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Dated this the 23rd day of November, 2006
JUDGMENT
The surviving grievance of the petitioner is only with regard to
non-inclusion of the name of the petitioner in the select list for
promotion to the post of Sub Inspector of Police for the vacancy during
2000. In the counter affidavit at page 4 it is stated that the name was
not included in the select list since the punishment awarded in 1996 is
valid till 1999. I am afraid the contention cannot be factually
appreciated. There is no dispute that for three years the petitioner can
be excluded from the zone of consideration. Since the punishment is
of the year 1996 and since the vacancy admittedly is of the year 2000
he cannot be denied consideration for the vacancy in respect of 2000.
Therefore, this writ petition is disposed of declaring that since the only
objection for non-consideration is the punishment of 1996 and since
the restriction is only for a period of three years and since the vacancy
is of the year 2000, the petitioner shall be treated to be eligible for the
vacancy in the year 2000. There will be a direction to the first
OP NO.9561/2002
-:2:-
respondent to take appropriate action in the light of the above
declaration for granting the benefits to the petitioner on a notional basis
since he has already retired from service and steps shall also be taken to
refix the pension accordingly within a period of three months from the
date of production of a copy of the judgment.
(KURIAN JOSEPH, JUDGE)
ahg.
KURIAN JOSEPH, J.
O.P.NO.9561/2002
JUDGMENT
23rd November, 2006