IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 11TH JANUARY 2010 / 21TH POUSHA 1931 WA.No. 2532 of 2005() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5701/2004 Dated 09/09/2005 .................... APPELLANTS/PETITIONERS 3, 4, 6, 8, 9, 11, 12, 13, 15, 18, 19, 21, 22, 23, 24, 28, 33, 35 AND 37 IN THE WRIT PETITION: ------------------- 1. RAJEEV P.V., P.C.4588 DISTRICT ARMED RESERVE, PALAKKAD. 2. JESSIL T. ABRAHAM, P.C.4516, DISTRICT ARMED RESERVE, PALAKKAD. 3. SHAHI RAJ V.R., P.C.4518, DISTRICT ARMED RESERVE, PALAKKAD. 4. MANOJ M.S., P.C.4512, DISTRICT ARMED RESERVE, PALAKKAD. 5. SUSEELAN P.R., P.C.4520, DISTRICT ARMED RESERVE, PALAKKAD. 6. SAJI KUMAR C.A., P.C.4508, DISTRICT ARMED RESERVE, PALAKKAD. 7. K.R.SURESH, P.C.4519, DISTRICT ARMED RESERVE, PALAKKAD. 8. MANOJ P., P.C.4589, DISTRICT ARMED RESERVE, PALAKKAD. 9. BABU P.S., P.C.4501, DISTRICT ARMED RESERVE, PALAKKAD. 10. PRASAD R. NAIR, P.C.4523, DISTRICT ARMED RESERVE, PALAKKAD. 11. V.M.SURESH KUMAR, P.C.4506, DISTRICT ARMED RESERVE, PALAKKAD. W.A.No.2532/2005 12. ANILKUMAR M.R., P.C.4509, DISTRICT ARMED RESERVE, PALAKKAD. 13. SURESH KUMAR G., P.C.4504, DISTRICT ARMED RESERVE, PALAKKAD. 14. VENU K.K., P.C.4514, DISTRICT ARMED RESERVE, PALAKKAD. 15. K.B.NARAYANAN NAIR, P.C.4526, DISTRICT ARMED RESERVE, PALAKKAD. 16. ANIL K.PRAKASH CHANDRAN, P.C.4527, DISTRICT ARMED RESERVE, PALAKKAD. 17. MANOJ K.K., P.C.4560, DISTRICT ARMED RESERVE, PALAKKAD. 18. K.C.PRASAD, P.C.4515, DISTRICT ARMED RESERVE, PALAKKAD. 19. SAJEEV P.S., P.C.4524, DISTRICT ARMED RESERVE, PALAKKAD. BY ADV. SRI.M.K.DAMODARAN, SENIOR ADVOCATE SRI.P.K.VIJAYAMOHANAN RESPONDENTS/ RESPONDENTS ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, TRIVANDRUM. 3. THE INSPECTOR GENERAL OF POLICE, A.P.BATTALION, TRIVANDRUM. 4. THE DEPUTY INSPECTOR GENERAL OF POLICE, A.P.BATTALION, TRIVANDRUM. 5. THE COMMANDANT, KERALA ARMED POLICE, 5TH BATTALION, MANIYAR, PATHANAMTHITTA. GOVERNMENT PLEADER, SMT.R.BINDU THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A. No. 2532 OF 2005 ------------------------------ Dated this, the 11th day of January, 2010 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellants are some of the writ petitioners. They along with others approached this Court claiming promotion to the post of Havildar in the 5th Battalion of Kerala Armed Police on the ground that their juniors were promoted to that post. 2. The brief facts of the case are the following: The petitioners were advised for appointment by the PSC to the 5th Battalion. The Police Constables of the said Battalion were to get transfer to Kottayam and Idukki Districts' Armed Reserve units. The appellants/petitioners opted for Kottayam District. Since there were no vacancies in Kottayam, they were transferred to the District Armed Reserve, Palakkad. Such a course of action is permissible in W.A. No.2532/2005 - 2 - view of Ext.P1 Circular. While they were working in Palakkad, their juniors in the Armed Police 5th Battalion got promotion as Havildar. Therefore, they also claimed promotion with effect from the date their juniors got promotion. 3. The appellants worked for 3 years in Palakkad and thereafter, they were posted to Kottayam. They got seniority in Kottayam Armed Reserve, with effect from the date they were posted at Palakkad, as per Ext.P2 order, it is submitted. 4. The claim of the appellants for promotion in the Armed Police Battalion was resisted by pointing out that, once they are transferred and posted to the District Armed Reserve, they cannot come back and they have no lien in the Armed Police Battalion. The learned Single Judge, after hearing both sides, dismissed the Writ Petition. The appellants are persons, who have opted to go to Armed Reserve. Normally, they can go back, if only, there are no vacancies to accommodate them in the Armed Reserve. Instead of facing retrenchment from the the District Armed W.A. No.2532/2005 - 3 - Reserve, they can seek appointment to their parent unit. In this case, no such contingency arose. Even if, they are promoted to the post of Havildar in the Armed Police Battalion, since they have already opted, they are liable to be transferred to the District Armed Reserve. While such transfer is made, they will have to be reverted to the posts of Constable. Therefore, the notional promotion of the appellants in the Police Battalion is going to be only a futile exercise. They will never be able to carry that benefit with them to the Armed Reserve. Being optees they are liable to be transferred to the District Armed Reserve that too only as Police Constables. In view of the above position, we find no merit in the appeal and it is accordingly dismissed. (K. BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps