IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2436 of 2005()
1. K.R.SUBASH, POLICE CONSTABLE NO.1306,
... Petitioner
2. M.B.VISWANADHAN, POLICE CONSTABLE,
3. SALIM.M. POLICE CONSTABLE NO.1303,
4. K.V.UNNIKRISHNA KURUP, POLICE CONSTABLE
5. G.JAYACHANDRAN NAIR, POLICE CONSTABLE
6. ASOKAN.C. POLCIE CONSTABLE NO.1299,
7. GOPI.C.A. POLICE CONSTABLE NO.1294,
8. RAJACHANDRAN PILLAI, POLICE CONSTABLE
9. SAJITH, POLICE CONSTABLE NO.1316,
10. JACOB RAJAN, POLICE CONSTABLE NO.1297,
11. SATHEESAN.M. POLICE CONSTABLE NO.1301,
12. THOMAS.T. POLICE CONSTABLE NO.1295,
13. VENU.J. POLICE CONSTABLE NO.1314,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE COMMISSIONER OF POLICE,
4. THE SUPERINTENDENT OF POLICE,
5. N.RAVI, H.C. 1228, PATHANAMTHITTA POLICE
For Petitioner :SRI.B.MOHANLAL
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/02/2010
O R D E R
K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ.
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W.A.No.2436/2005
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Dated this, the 9th day of February, 2010
JUDGMENT
Balakrishnan Nair, J.
The writ petitioners are the appellants. They were Police
Constables working in the Armed Reserve Police,
Thiruvananthapuram. They moved for transfer to
Pathanamthitta district. The said request was allowed by the
Superintendent of Police, Pathanamthitta by Ext.P1 order dated
17.10.1989. Later, they were relieved by Ext.P2 order dated
18.07.1990. Thereafter, they joined duty at Pathanamthitta.
In the meantime, several persons, who were transferred from
other units after 17.10.1989 joined duty at Pathanamthitta
before the appellants joined that unit in July, 1990. Since they
were given seniority only with effect from the date of joining
duty at Pathanamthitta, some of the appellants/writ petitioners
filed representations, claiming seniority from the date of Ext.P1
and thereafter moved this Court. This Court, by Ext.P5
WA No.2436/2005
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judgment, directed consideration of those representations. The
Director General of Police considered the representations and
rejected them. Regarding the rejection of their representations,
they were informed by Ext.P6 communication issued by the
Superintendent of Police, Pathanamthitta in May, 1996.
Thereafter, the appellants did not take any action concerning
their seniority. But, when the question of promotion to the post
of Head Constable was taken up, they filed Ext.P8 dated
7.7.2005 and similar representations. Thereafter, the Writ
Petition was filed, seeking appropriate reliefs.
2. The learned Single Judge dismissed the Writ Petition,
relying on the first proviso to Rule 27(a) of Part II of the Kerala
State and Subordinate Services Rules, which says that inter-
departmental or inter-unit transferees will get seniority only
with effect from the date they join the new department or unit.
Feeling aggrieved by the said judgment, this Writ Appeal was
filed.
3. Heard. We notice that the claim of the appellants is
fully covered against them by the second proviso to Rule 27(a).
WA No.2436/2005
– 3 –
Further, as evident from Ext.P2, they got transfer by giving an
undertaking that they were satisfied with the seniority in the
new unit with effect from the date they joined there. Further,
their claim for seniority was rejected as early as in 1996. There
is inordinate delay in challenging the seniority position. For all
the above reasons the Writ Appeal fails and it is dismissed.
K. Balakrishnan Nair,
Judge.
P.N.Ravindran,
Judge.
nm.