IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1242 of 2007()
1. STATE OF KERALA, REPRESENTED BY ITS
... Petitioner
2. THE DIRECTOR GENERAL OF POLICE,
3. COMMISSIONER OF POLICE,
4. COMMANDANT, SAP, THIRUVANANTHAPURAM.
Vs
1. V.G.VENU, T.NO.9401, HQ COY,
... Respondent
2. J.JOHN ROSE, T.NO.9320 HQ COY -DO- -DO-
3. JAYAJEEVARAJAN, T.NO.9319 HQ COY -DO-D0-
4. SUDARSANAN,B/HCT 6953 HQ COY -DO- -DO-
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.K.L.NARASIMHAN
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :10/07/2009
O R D E R
K. BALAKRISHNAN NAIR
&
C.T. RAVIKUMAR, JJ.
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W.A. NOS. 1242 OF 2007
&
29 OF 2008
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Dated this the 10th day of July, 2009
JUDGMENT
Balakrishnan Nair, J.
W.A.No.1242 of 2007.
The respondents in the Original Petition are the appellants. The
respondents herein were the petitioners. The brief facts of the case are the
following:
2. Respondents 1,2 and 4 were appointed as Bugler Police
Constables and respondent No.3 was a Drummer Police Constable. They
have no promotion post. On completion of seven years of service, they
were granted the first Higher Grade in the scale of pay of Head Constable.
On completion of 15 years of service, they were granted second Higher
Grade in the scale of pay of Sub Inspector, as per Exts.P4 and P5. Later, it
was realised that they were eligible to get second Higher Grade only in the
scale of pay of Assistant Sub Inspector of Police and steps were taken to
review Exts.P4 and P5 orders. In the above back ground, the Original
Petition was filed challenging Exts.P6 and P7. Ext.P6 is a communication
W.A.NO.1242/07 & 29/08 2
on behalf of the Director General of Police stating that Ext.P7 is not
applicable to Bugler Police Constables and Drummer Police Constables.
Ext.P7 is a communication issued by the Government to the effect that
Band Head Constables are eligible to get second Higher Grade in the scale
of pay applicable to Sub Inspector of Police. Based on Exts.P6 and P7,
review of the second Higher Grade granted to the petitioners was
undertaken.
3. The appellants submitted that they filed a counter affidavit in the
Original Petition, though copy of the same is not seen in the paper book.
The learned Single Judge, after hearing both sides, found that since the
Band Police Constables are given the second Higher Grade in the scale of
pay of Sub Inspectors, Bugler Police Constables are also eligible for the
same and allowed the Original Petition. Aggrieved by the said direction
of the learned Single Judge, this appeal is filed.
4. We heard the learned Government Pleader for the appellants and
also the learned counsel for the respondents herein. As per the pay
revision Government Order and other related orders governing the grant of
Higher Grade, the incumbents who are qualified for promotion, but do not
get promotion after completion of certain number of years, are granted the
W.A.NO.1242/07 & 29/08 3
scale of pay of the promotion post. If the incumbent is not qualified, then
he will be given the next higher scale of pay in the standard scales of pay
prescribed by the Pay Revision Order. The same is applicable to
incumbents for whom there is no promotion post at all. Therefore, the
respondents herein are eligible for the next higher scale of pay in the
standard scales of pay, in the absence of a promotion post to them. In the
case of the respondents, the next higher scale in the standard scale of pay
was Rs.4500-7000/-. It was the scale of pay applicable to Assistant Sub
Inspectors. But, they were wrongly granted the second Higher Grade in
the scale of pay of Rs.5000-8150/-, which is the scale of pay applicable to
Sub Inspectors. When the said mistake was noticed, action was taken to
recover the excess amount. We find nothing illegal or irrational with the
action taken by the appellants in this regard. But, the learned counsel for
the respondents would point out that the respondents are similarly placed
persons like Band Police Constables who got second Higher Grade in the
scale of pay applicable to Sub Inspector of Police. So, this is a clear case
of discrimination and the learned Single Judge granted the relief finding
this discrimination, it is submitted. But, we notice that for a Band Police
Constable, the first promotion post is that of Band Head Constable and the
second promotion post is that of Band Sub Inspector of Police. There is no
post like Band Assistant Sub Inspector of Police. So, in accordance with
W.A.NO.1242/07 & 29/08 4
the Government Order governing Grade Promotion, Band Police
Constables were granted the scale of pay of Sub Inspector as second
Higher Grade. The Bugler Police Constables do not have any promotion
post. Therefore, it cannot be said that they are similarly placed persons. If
the contention of the respondents is accepted, then all the persons without
promotion post will have to be granted Higher Grade as applicable to
comparable categories who have promotional avenues.. These are matters
for the Government to decide and not this Court, while judicially
reviewing the orders of the appellants in trying to rectify the illegality
committed by them.
5. In the result, the appeal succeeds and it is allowed. The judgment
of the leaned Single Judge is reversed and the Original Petition is
dismissed.
W.A. No. 29 of 2008.
In view of the judgment in W.A. No.1242 of 2007, this Writ Appeal
is also allowed.
(K. BALAKRISHNAN NAIR)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.A.NO.1242/07 & 29/08 5
K.BALAKRISHNAN NAIR
&
C.T. RAVIKUMAR, JJ.
W.A. NOS.1242/2007&
29/2008
JUDGMENT
10th July, 2009
W.A.NO.1242/07 & 29/08 6