IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20092 of 2009(F)
1. PRADYUMNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE COMMANDENT,
For Petitioner :SRI.N.VIMALAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/07/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.20092 of 2009-F
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Dated this the 17th day of July, 2009.
J U D G M E N T
The petitioner entered service as Police Constable in the Special
Armed Police Battalion at Thiruvananthapuram on 4.4.1994. He has
passed the departmental tests for promotion to the post of Havildar. His
name was also included for promotion to the category of Havildar.
However for the reason that he was placed under suspension in
connection with a criminal case with effect from 23.3.1998, he was not
immediately promoted and his juniors were promoted. Later the
petitioner was reinstated in service on 10.8.2001. He was also acquitted
in the criminal case. He thereupon moved the second respondent
seeking promotion as Havildar, with effect from 17.3.1999, the date on
which his immediate junior Sri.Udayakumar was promoted as Havildar.
The second respondent considered the said request and passed Ext.P4
order dated 9.11.2006 promoting the petitioner as Havildar with effect
from 17.3.1999 on a notional basis. He was however not given monetary
benefits. Ext.P5 discloses that the petitioner has successfully completed
his probation in the category of Havildar with effect from 17.3.1999. In
this writ petition the petitioner claims payment of salary and allowances
in the category of Havildar with effect from 17.3.1999. Seeking redressal
W.P(C) No.20092 of 2009-F 2
of his grievance, the petitioner has moved the second respondent by
filing Ext.P6 representation dated 26.12.2008. Since the primary
authority namely the second respondent is yet to take a decision in the
matter, I do not propose to go into the merits of petitioner’s contentions
at this stage.
I accordingly dispose of this writ petition with a direction to the
second respondent to consider the request made by the petitioner in
Ext.P6 representation and take a decision thereon in accordance with law.
Final orders in the matter shall be passed within three months from the
date on which the petitioner produces a certified copy of this judgment
along with a copy of the writ petition before the second respondent. It
will open to the second respondent to hear the petitioner in person
before orders are passed as directed above.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
PA to Judge
ab
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