IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WA.No. 2436 of 2005 --------------------- AGAINST THE JUDGEMENT IN WPC.28637/2005 Dated 13/10/2005 .................... APPELLANT(S): PETITIONERS IN WPC. --------------------------------- 1. K.R.SUBASH, POLICE CONSTABLE NO.1306, KOODAL POLICE STATION, PATHANAMTHITTA DISTRICT. 2. M.B.VISWANADHAN, POLICE CONSTABLE, NO.1311, DCRB, PATHANAMTHITTA DISTRICT. 3. SALIM.M. POLICE CONSTABLE NO.1303, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT. 4. K.V.UNNIKRISHNA KURUP, POLICE CONSTABLE NO.1307, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA DISTRICT. 5. G.JAYACHANDRAN NAIR, POLICE CONSTABLE NO.1296, DCRB, PATHANAMTHITTA DISTRICT. 6. ASOKAN.C. POLCIE CONSTABLE NO.1299, SSB SECRETES, THIRUVANANTHAPURAM. 7. GOPI.C.A. POLICE CONSTABLE NO.1294, ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT. 8. RAJACHANDRAN PILLAI, POLICE CONSTABLE NO.1304, PERUNAD POLICE STATION, PATHANAMTHITTA DISTRICT. 9. SAJITH, POLICE CONSTABLE NO.1316, TRAFFIC STATION, PATHANAMTHITTA DISTRICT. 10. JACOB RAJAN, POLICE CONSTABLE NO.1297, KOIPURAM POLICE STATION, PATHANAMTHITTA DISTRICT. 11. SATHEESAN.M., POLICE CONSTABLE NO.1301, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT. WA No.2436/2005 12. THOMAS.T., POLICE CONSTABLE NO.1295, PANDALAM POLICE STATION, PATHANAMTHITTA DISTRICT. 13. VENU.J., POLICE CONSTABLE NO.1314, THANNITHODE POLICE STATION, PATHANAMTHITTA DISTRICT. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH SMT.M.M.POORNIMA RESPONDENT(S): RESPODNENTS IN WPC. ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA STATE, VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, POLICE HEAD QUARTERS, PATHANAMTHITTA. 5. N.RAVI, H.C. 1228, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA. BY SENIOR GOVERNMENT PLEADER SRI.BENNY GERVASIS FOR R1 TO R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.2436/2005 ------------------------------ Dated this, the 9th day of February, 2010 JUDGMENT Balakrishnan Nair, J. The writ petitioners are the appellants. They were Police Constables working in the Armed Reserve Police, Thiruvananthapuram. They moved for transfer to Pathanamthitta district. The said request was allowed by the Superintendent of Police, Pathanamthitta by Ext.P1 order dated 17.10.1989. Later, they were relieved by Ext.P2 order dated 18.07.1990. Thereafter, they joined duty at Pathanamthitta. In the meantime, several persons, who were transferred from other units after 17.10.1989 joined duty at Pathanamthitta before the appellants joined that unit in July, 1990. Since they were given seniority only with effect from the date of joining duty at Pathanamthitta, some of the appellants/writ petitioners filed representations, claiming seniority from the date of Ext.P1 and thereafter moved this Court. This Court, by Ext.P5 WA No.2436/2005 - 2 - judgment, directed consideration of those representations. The Director General of Police considered the representations and rejected them. Regarding the rejection of their representations, they were informed by Ext.P6 communication issued by the Superintendent of Police, Pathanamthitta in May, 1996. Thereafter, the appellants did not take any action concerning their seniority. But, when the question of promotion to the post of Head Constable was taken up, they filed Ext.P8 dated 7.7.2005 and similar representations. Thereafter, the Writ Petition was filed, seeking appropriate reliefs. 2. The learned Single Judge dismissed the Writ Petition, relying on the first proviso to Rule 27(a) of Part II of the Kerala State and Subordinate Services Rules, which says that inter- departmental or inter-unit transferees will get seniority only with effect from the date they join the new department or unit. Feeling aggrieved by the said judgment, this Writ Appeal was filed. 3. Heard. We notice that the claim of the appellants is fully covered against them by the second proviso to Rule 27(a). WA No.2436/2005 - 3 - Further, as evident from Ext.P2, they got transfer by giving an undertaking that they were satisfied with the seniority in the new unit with effect from the date they joined there. Further, their claim for seniority was rejected as early as in 1996. There is inordinate delay in challenging the seniority position. For all the above reasons the Writ Appeal fails and it is dismissed. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.