IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 25397 of 2002(W)
1. T.DEVANANDAN POLICE CONSTABLE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. PRINCIPAL SECRETARY TO GOVERNMENT,
3. COMMISSIONER OF POLICE, KOZHIKODE CITY.
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :23/05/2009
O R D E R
P.N.RAVINDRAN, J.
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O.P.No.25397 of 2002
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Dated 23rd May, 2009
JUDGMENT
The petitioner, who is presently serving as Police Constable
in the Kerala Police Subordinate Service has filed this original petition
challenging Ext.P1 order by which his pay was refixed taking away the
benefit of the second and third time bound higher grades sanctioned to
him in terms of the relevant pay revision orders. Ext.P1 states that as
the petitioner had relinquished promotion to the higher category of
Head Constable he is not eligible for the second and third, time bound
higher grade promotions.
2. Paragraph 10(x) of G.O.(P)No.480/89/Fin. dated
1.11.1989 reads as follows:
“10(x) Time bound promotions will not be given for
those who have relinquished regular
promotions. Hereafter, before giving time
bound promotion, an undertaking will be
obstained from the officer concerned to the
effect that he/she will not refuse the regular
promotion to that grade as and when it be
come due. In the case of persons who have
already obtained a time bound promotion,
further time bound promotion will not be
available unless and until they give an
undertaking to the above effect afresh and
also withdraw their earlier relinquishmets.
However, they will be permitted to withdraw
such relinquishment subject to loss of
seniority. These conditions will not be insisted
in the case of those who retired before the
date of this Government Order.”
O.P.No.25397/2002 2
Similar stipulations exist in G.O.(P)No.600/93/Fin. dated.15.9.1993
and G.O.(P)No.3000/98/Fin. dated 25.11.1998. Further, G.O.(P)
No.39/91/P&ARD. dated 7.12.1991 also stipulates that those who
relinquish promotions whether permanently or for specified periods
shall not be entitled to the benefit of time bound higher grade
promotion from existing grades, if applicable.
3. The fact that the petitioner has relinquished promotion
to the higher category of Head Constable is not in dispute. However,
overlooking the said fact he was granted second and third time bound
higher grade promotions in the scale of pay of Head Constable and
Assistant Sub Inspector of Police. In the light of the stipulations in
G.O.(P)No.39/91/P&ARD. dated 7.12.1991 which governs
relinquishment and the terms and stipulations in G.O.(P)
No.480/89/Fin. dated 1.11.1989 and G.O.(P)No.600/93/Fin. dated
15.9.1993, the petitioner was not entitled to time bound higher grade
promotions. Therefore, the stand taken by the respondents in Ext.P1
cannot be faulted. The petitioner had admittedly executed a
declaration when his pay was fixed following the grade promotions that
if later the fixation of pay is found to be illegal, he will refund the
excess salary drawn by him. No mitigating circumstance has been
brought to my notice to hold that the petitioner need not refund the
excess salary and allowances drawn by him consequent on the grant of
grade promotions which was cancelled by Ext.P1. On going through
O.P.No.25397/2002 3
the pleadings and the materials on records, I am of the considered
opinion that the challenge to Ext.P1 is without merit.
4. The petitioner has a further case that Police Constables
who are not qualified for promotion are also entitled to time bound
higher grade promotion and are being given grade promotions though
not in the scale of pay of Head Constable/Assistant Sub Inspector of
Police but in the scale of pay higher than the scale of pay of Police
Constables. The petitioner submits that he has moved the
Government in Ext.P2 representation seeking similar treatment as is
given to unqualified Police Constables. The respondents have stated in
the counter affidavit that Ext.P2 representation has been forwarded to
the Secretary to Government and that it is pending with the
Government. In these circumstances, while dismissing the writ
petition, I direct the Secretary to Government, Home Department to
consider Ext.P2 representation and pass orders thereon if it has
already not been disposed of, expeditiously and in any event within
four months from the date on which the petitioner produces a certified
copy of this judgment, after affording him a reasonable opportunity of
being heard.
P.N.RAVINDRAN
Judge
TKS