High Court Kerala High Court

Pradyumnan vs State Of Kerala on 17 July, 2009

Kerala High Court
Pradyumnan vs State Of Kerala on 17 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20092 of 2009(F)


1. PRADYUMNAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE COMMANDENT,

                For Petitioner  :SRI.N.VIMALAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :17/07/2009

 O R D E R
                            P.N.RAVINDRAN, J.
                   -----------------------------
                      W.P(C) No.20092 of 2009-F
                  ------------------------------
                 Dated this the 17th day of July, 2009.

                             J U D G M E N T

The petitioner entered service as Police Constable in the Special

Armed Police Battalion at Thiruvananthapuram on 4.4.1994. He has

passed the departmental tests for promotion to the post of Havildar. His

name was also included for promotion to the category of Havildar.

However for the reason that he was placed under suspension in

connection with a criminal case with effect from 23.3.1998, he was not

immediately promoted and his juniors were promoted. Later the

petitioner was reinstated in service on 10.8.2001. He was also acquitted

in the criminal case. He thereupon moved the second respondent

seeking promotion as Havildar, with effect from 17.3.1999, the date on

which his immediate junior Sri.Udayakumar was promoted as Havildar.

The second respondent considered the said request and passed Ext.P4

order dated 9.11.2006 promoting the petitioner as Havildar with effect

from 17.3.1999 on a notional basis. He was however not given monetary

benefits. Ext.P5 discloses that the petitioner has successfully completed

his probation in the category of Havildar with effect from 17.3.1999. In

this writ petition the petitioner claims payment of salary and allowances

in the category of Havildar with effect from 17.3.1999. Seeking redressal

W.P(C) No.20092 of 2009-F 2

of his grievance, the petitioner has moved the second respondent by

filing Ext.P6 representation dated 26.12.2008. Since the primary

authority namely the second respondent is yet to take a decision in the

matter, I do not propose to go into the merits of petitioner’s contentions

at this stage.

I accordingly dispose of this writ petition with a direction to the

second respondent to consider the request made by the petitioner in

Ext.P6 representation and take a decision thereon in accordance with law.

Final orders in the matter shall be passed within three months from the

date on which the petitioner produces a certified copy of this judgment

along with a copy of the writ petition before the second respondent. It

will open to the second respondent to hear the petitioner in person

before orders are passed as directed above.

Sd/-

P.N.RAVINDRAN
JUDGE

//True Copy//

PA to Judge

ab

W.P(C) No.20092 of 2009-F 3