IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25009 of 2006(B)
1. P.SHAMSUDEEN, HC NO.A 3145,
... Petitioner
2. SAMMON P.A.,
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE DEPUTY INSPECTOR GENERAL OF POLICE,
4. THE DISTRICT SUPERINTENDENT OF POLICE,
For Petitioner :SRI.M.K.PRADEEPKUMAR
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :02/03/2009
O R D E R
KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ.
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W.P.(C) No.25009/06 & W.A.1765/08
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Dated 2nd March, 2009.
J U D G M E N T
Kurian Joseph, J.
In the writ appeal, the appellants are the petitioners.
In both writ petitions, the prayers are identical. One set of
prayers is extracted below :-
“(i) declare that Exts.P2 and P3 orders are ultra virus
to Rule 27, 28 and any other rule relevant to promotion of KS &
SSR to the extent that leads to the supersession of service
seniors in promotion.
(ii) issue a writ of certiorari or any other appropriate
writ, order or direction calling for the records leading to Exts.P2
and P3 and quash the same to the extent that causes
supersession of service seniors in promotion.
(iii) issue a writ of mandamus or any other
appropriate writ, order or direction commanding the respondents
to impose necessary conditions in Exts.P2 and P3 order to avoid
the supersession of service seniors.”
2. The issue pertains to the grade designation given
to Police Constables and Head Constables in the General
WA NO.1765/08 & WP(C) 25009/06 2
Executive Branch of Kerala Police. Since the petitioners have
sought for a writ of mandamus directing the Government to
impose appropriate conditions to safeguard their interests, it is
only appropriate that the petitioners are relegated to pursue their
grievance before the Government at the first instance. In that
view of the matter, we do not think that we should go into the
various details of the factual and legal positions vehemently
argued before us by Adv.Sri.Pradeepkumer, learned counsel
appearing for the appellants/petitioners. Therefore, we dispose
of the Writ Appeal and the Writ Petition as follows :-
In the event of the petitioners filing appropriate
representations, bringing to the notice of the Government the
conditions to be incorporated in Exts.P2 and P3 so as to
safeguard their interests, within one month from today, the
matter will be considered by the Government with notice to the
petitioners and affected parties. Appropriate orders in
accordance with law in the matter will be passed by the
Government expeditiously. The interim order passed by this
court in W.P.(C) No.25009/06 will continue till such time. We
WA NO.1765/08 & WP(C) 25009/06 3
make it clear that we have not expressed any opinion as to the
merits of the case and the entire contentions are left open.
I.A.No.780/08 in W.A.No.1765/08 : Dismissed.
KURIAN JOSEPH, JUDGE.
S.S.SATHEESACHANDRAN, JUDGE.
tgs
KURIAN JOSEPH &
S.S.SATHEESACHANDRAN, JJ
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W.A. Nos.25009/06 & 1765/08
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J U D G M E N T
Dated 2nd March, 2009.