IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 15859 of 2004(K) -------------------------- PETITIONER: ------------ T.S.NAIR (NO.723210456 HEAD CONSTABLE/ FIRE), C.I.SF. UNIT, FACT, UDYOGAMANDAL,ERNAKULAM. BY ADV. SRI.M.RAJAGOPALAN SRI.RAJIT RESPONDENTS: ------------- 1. THE DIRECTOR GENERAL, C.I.S.F., CISF HEADQUARTERS, LODHI ROAD, NEW DELHI-3. 2. THE COMMANDANT, C.I.S.F. UNIT, FACT, UDYOGAMANDAL, ERNAKULAM. BY ADV. SRI.S.KRISHNAMOORTHY, ADDL.CGSC FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER DT.6.12.99. P2: TRUE COPY OF RELEVANT PORTION OF THE RTC ARAKKONAM SERVICE ORDER PART NO.46/2000 DT.7.4.2000. P3: TRUE COPY OF REPRESENTATION DT.12.11.2002. P4: TRUE COPY OF LETTER DT.24.2.2004. RESPONDENT'S EXHIBITS: R1: TRUE COPY OF PUBLICATION OF RESULT DT.7.4.2000 ISSUED BY THE DY. COMMANDANT IN CHARGE OF COMMANDANT/PRINCIPAL. R1(a): TRUE COPY OF LETTER DT.6.9.2000 OF THE ASST. INSPECTOR GENERAL/ESTT. R1(b): TRUE COPY OF LETTER DT.8.9.2000. R1(c): TRUE COPY OF RESULT DECLARED VIDE PRINCIPAL, FSTT, HYDERABAD SERVICE ORDER PART II NO.42/01 DT.16.4.2001. R1(d): TRUE COPY OF CIST FSTI SERVICE ORDER PART II NO.130/02 ISSUED BY THE SR.COMMANDANT/PRINCIPAL CISF FSTI NISA,HYDRERABAD. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.15859 of 2004 .................................................................... Dated this the 4th day of July, 2008. JUDGMENT Heard counsel for the petitioner and Standing Counsel appearing for respondents. The prayer in the W.P. is for grant of promotion to the cadre of A.S.I. with retrospective effect. The petitioner joined in the CISF as a Security Guard on 19.9.1972. He became a Head Constable on 11.5.1988. Though petitioner was in the executive cadre and had in fact gone for training for promotion to the post of A.S.I., pursuant to the option exercised by him on 6.9.2000 he was absorbed in the Fire Department with effect from 14.10.1991. Being in the Fire Department, petitioner was eligible for promotion only on his successfully completing the training. Admittedly, petitioner did not complete the training within the timeframe and delayed it on account of failures. As and when he passed the training successfully, he was considered for promotion by the DPC which held in 2003 and as and when next vacancy arose, petitioner was promoted in 2004. Grievance of the petitioner is that he had undergone training successfully for promotion in the executive branch and therefore, promotion should have been granted to him with retrospective effect. I do not think petitioner's claim is tenable 2 because once petitioner exercised option for joining the Fire Department on 6.9.2000, petitioner obviously cannot be promoted in the executive branch where petitioner underwent the training course for promotion. Once petitioner is absorbed in the Fire Department, promotion can be made only in the same department. It is seen that petitioner is given promotion at the earliest point of time after he was found eligible pursuant to training and pursuant to proceedings of the DPC approving his promotion. The W.P. is therefore devoid of any merit and is dismissed. C.N.RAMACHANDRAN NAIR Judge pms