IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 4922 of 2001(J)
1. G.MURALEEDHARAN NAIR
... Petitioner
Vs
1. THE STATE OF KERALA
... Respondent
For Petitioner :SRI.K.G.ANIL BABU
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.THANKAPPAN
Dated :03/07/2006
O R D E R
K.THANKAPPAN, J.
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O.P.NO. 4922 OF 2001
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Dated this the 3rd day of July, 2006
JUDGMENT
The petitioner seeks to quash Ext.P9 order by which his request for
promotion as Assistant Sub Inspector against the vacancies that arose in the
erstwhile Eastern Range and Ernakulam Range was rejected. The petitioner also
challenges Exts.P5 and P6 promotion lists of Head Constables as Assistant Sub
Inspectors and Assistant Sub Inspectors as Sub Inspectors respectively.
2. The petitioner was initially recruited as Police Constable and posted at
the Local Police Station in Alappuzha District with effect from 5.4.1973 and on
the basis of seniority, he was promoted as Head Constable with effect from
30.3.1991. Before 1993, the police administrative set up comprised of three
ranges, namely Southern Range, Central Range and Northern Range. Districts of
Thiruvananthapuram , Kollam, Pathanamthitta and Alappuzha came under
Southern Range, Ernakulam, Kottayam, Idukki and Thrissur Districts came
under Central Range and Northern Range comprised of Palakkad, Malappuram,
Kozhikode, Wynad, Kannur and Kasaragod Districts. On re-organisation of the
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ranges, a new range, namely, Eastern Range was formed on 5.8.1993 comprising
of Kottayam and Idukki Districts of Central Range and Alappuzha District of
Southern Range. At the time of re-organisation of the ranges, all the Head
Constables and Assistant Sub Inspectors working in the respective Districts
were allowed to exercise option either to remain in the old range or to come over
to the new range. The petitioner opted to remain in the Southern Range. On the
basis of the options, seniority list of Head Constables who opted Eastern Range
was finalised in which the name of the petitioner was not included as he had
opted to remain in the Southern Ranges. Later, on 1.10.1997 the Police Ranges
were again re-organised as Thiruvananthapuram Range, Ernakulam Range ,
Thrissur Range and Kannur Range. Alappuzha District was included in
Ernakulam Range and the erstwhile Southern Range became
Thiruvananthapuram Range. Range was taken as the unit for the purpose of
promotion to the post of Assistant Sub Inspector and State was taken as the unit
for promotion to the post of Sub Inspector.
3. The petitioner had opted to continue in the Southern Range which was
re-organised as Thirivananthapuram Range and hence he was superseded by his
juniors in Ernakulam Range while promotion was effected to the post of
O.P.NO.4922/2001 3
Assistant Sub Inspectors. In the counter affidavit filed for and on behalf of the
first respondent, it is stated that since the petitioner’s option to continue in
Southern Range was accepted, his name was not included in the Range seniority
list of Head Constables who had opted to go over to Eastern Range. The
petitioner joined as Police Constable in Alappuzha District and it was then that
Alappuzha District was included in the Eastern Range. After re-organisation,
Alappuzha District was included in Ernakulam Range. Hence, it is only proper
for the authorities to consider the claim of the petitioner. In the above
circumstances, Ext.P9 is quashed and the second respondent is directed to
consider Ext.P8 representation and pass appropriate orders thereon, after
affording the petitioner an opportunity of being heard, within a reasonable time,
at any rate within three months from the date of receipt of a copy of this
judgment. Though the petitioner has challenged Exts.P5 and P6, this Court is not
inclined to quash the same at this distance of time. But, it is made clear that the
above lists will be subject to the final decision taken in Ext.P8 representation.
The Writ Petition is allowed as above.
(K.THANKAPPAN, JUDGE)
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sp/
O.P.NO.4922/2001 5
K.THANKAPPAN, J.
O.P.NO.4922/2001
JUDGMENT
3RD JULY, 2006
O.P.NO.4922/2001 6
