IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34098 of 2003(H)
1. M.R.SURESH BABU, A.R.HC.4089,
... Petitioner
2. PRADEEP KUMAR K.V., A.R. HC 4077,
3. PURUTHOTHAMAN.P.P., A.R.H.C.4026,
4. PRADEP KUMAR.K., A.R.HCM 4054,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
For Petitioner :SMT.DAISY THAMPI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :16/12/2009
O R D E R
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.34098 OF 2003 (H)
--------------------------------------------------
Dated this the 16th day of December, 2009
J U D G M E N T
Petitioners joined the service as Police Constables in Armed
Police. They earned promotion as Havildars. Subsequently, on the
request made by the petitioners, they were transferred to Armed
Reserve, where they were later promoted as Head Constable. The
claim of the petitioners is that while reckoning their eligibility for
the 2nd time bound higher grade, their service from the date of
promotion as Havildars in the Armed Police, should also be
reckoned. This claim was made and was rejected by Ext.P5. It is
challenging Ext.P5 that this writ petition is filed.
2. Counsel for the petitioner relied on Ext.P3 Government
Order dated 24.11.99 which provides that the service rendered by
persons like the petitioners in Armed Battalion or Armed Reserve,
will together be reckoned for awarding first time bound higher
grade. It is stated that if so they should get the credit of services
in the Armed Police even if they are transferred to Armed
Reserve, for awarding the 2nd time bound higher grade.
WPC.No.34098 /03
:2 :
3. Paragraph 6 of the counter affidavit filed by the
respondents reads as under.
“Even though the promotion posts of Havildar in KAP
4th Battalion and Head Constables in Armed Reserve,
Kannur are identical in pay scales and nature of duty,
they were transferred to Armed Reserve at their
request only. In the transfer order itself it was clearly
mentioned that they will be reverted as Police
Constable, if no vacancy is available in the Armed
Reserve for absorbing them in the rank held in the
Battalion. But as there was no vacancy of Head
Constables in Armed Reserve, Kannur at that time
they were reverted as Police Constables and their
chance to continue in the post of Havildar/Head
Constable was lost. As per the option submitted by
the petitioners, they have no right to claim the
promoted period to count for second time bound
grade. Now all the petitioners were given the benefit
of II nd time bound Higher Grade after completion of
8 years service in the promoted post from the Armed
WPC.No.34098 /03
:3 :Reserve.”
4. From this it is evident that at the time when they opted
for transfer to Armed Reserve petitioners agreed to forgo their
promotion in the Armed Battalion, if no vacancy was avaklable to
accommodate them. As no vacancy was available in the Armed
Reserve for absorbing them in the rank they held in the
Battalion, they were recruited and absorbed as Police Constables.
If so, their eligibility for the second time higher grade can only be
reckoned from the date they earned promotion as Head
Constables in the Armed Reserve.
5. Learned Counsel for the petitioners referred me to G.O
(P)1041/79(142) fin. dated 27.11.79 and contended that even in
respect of inter district transferees, on their absorption as junior
most in the transferred District, the period spent by them before
transfer is reckoned for time bound higher grade. However, such
cases do not involve any reversion as in this case and if so the
case of the petitioner cannot be compared to the case dealt with
in the Government Order dated 7.11.2078 relied on by the
learned counsel for the petitioner.
WPC.No.34098 /03
:4 :
6. Counsel for the petitioners placed reliance on the
Government Order dated 28.11.81 which according to her
provides reckoning of service rendered in different posts having
identical time scales of pay for eligibility for reckoning time
bound higher grade. The scale of pay of Havildar or Head
Constable cannot be identical as that of Police Constable and in
that view of the matter the benefit of this Government Order
cannot be granted. Further, grant of time bound higher grade can
be only as per the terms of the order providing for the same.
Petitioners have no case that the order providing for the benefits
claimed by them.
7. Therefore I am not satisfied that the petitioners have
made out a case for interference.
Writ petition fails and is dismissed.
(ANTONY DOMINIC)
JUDGE
vi/
WPC.No.34098 /03
:5 :