IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 OP.No. 25397 of 2002(W) ----------------------------------- PETITIONER(S): ---------------------- T. DEVANANDAN- POLICE CONSTABLE, P.C.D. 3936, CITY POLICE CONTROL ROOM, KOZHIKODE. BY ADV. MR.S.P.ARAVINDAKSHAN PILLAY SMT.RESMI G. NAIR SMT.N.SANTHA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. COMMISSIONER OF POLICE, KOZHIKODE CITY. R1 TO R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 25397/2002-W ORDER ON C.M.P. NO.43083/2002 IN O.P. NO. 25397/2002 DISMISSED 23/05/2009. SD/- P.N.RAVINDRAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.D.O.NO.350/2002 CC DATED 03/06/2002 OF THE 3RD RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DATED 23/07/2002 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE LETTER NO.A4(a)29869/02 CC DATED 16/08/2002 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ P.N.RAVINDRAN, J. ------------------------------------- O.P.No.25397 of 2002 -------------------------------------- Dated 23rd May, 2009 JUDGMENT The petitioner, who is presently serving as Police Constable in the Kerala Police Subordinate Service has filed this original petition challenging Ext.P1 order by which his pay was refixed taking away the benefit of the second and third time bound higher grades sanctioned to him in terms of the relevant pay revision orders. Ext.P1 states that as the petitioner had relinquished promotion to the higher category of Head Constable he is not eligible for the second and third, time bound higher grade promotions. 2. Paragraph 10(x) of G.O.(P)No.480/89/Fin. dated 1.11.1989 reads as follows: “10(x) Time bound promotions will not be given for those who have relinquished regular promotions. Hereafter, before giving time bound promotion, an undertaking will be obstained from the officer concerned to the effect that he/she will not refuse the regular promotion to that grade as and when it be come due. In the case of persons who have already obtained a time bound promotion, further time bound promotion will not be available unless and until they give an undertaking to the above effect afresh and also withdraw their earlier relinquishmets. However, they will be permitted to withdraw such relinquishment subject to loss of seniority. These conditions will not be insisted in the case of those who retired before the date of this Government Order.” O.P.No.25397/2002 2 Similar stipulations exist in G.O.(P)No.600/93/Fin. dated.15.9.1993 and G.O.(P)No.3000/98/Fin. dated 25.11.1998. Further, G.O.(P) No.39/91/P&ARD. dated 7.12.1991 also stipulates that those who relinquish promotions whether permanently or for specified periods shall not be entitled to the benefit of time bound higher grade promotion from existing grades, if applicable. 3. The fact that the petitioner has relinquished promotion to the higher category of Head Constable is not in dispute. However, overlooking the said fact he was granted second and third time bound higher grade promotions in the scale of pay of Head Constable and Assistant Sub Inspector of Police. In the light of the stipulations in G.O.(P)No.39/91/P&ARD. dated 7.12.1991 which governs relinquishment and the terms and stipulations in G.O.(P) No.480/89/Fin. dated 1.11.1989 and G.O.(P)No.600/93/Fin. dated 15.9.1993, the petitioner was not entitled to time bound higher grade promotions. Therefore, the stand taken by the respondents in Ext.P1 cannot be faulted. The petitioner had admittedly executed a declaration when his pay was fixed following the grade promotions that if later the fixation of pay is found to be illegal, he will refund the excess salary drawn by him. No mitigating circumstance has been brought to my notice to hold that the petitioner need not refund the excess salary and allowances drawn by him consequent on the grant of grade promotions which was cancelled by Ext.P1. On going through O.P.No.25397/2002 3 the pleadings and the materials on records, I am of the considered opinion that the challenge to Ext.P1 is without merit. 4. The petitioner has a further case that Police Constables who are not qualified for promotion are also entitled to time bound higher grade promotion and are being given grade promotions though not in the scale of pay of Head Constable/Assistant Sub Inspector of Police but in the scale of pay higher than the scale of pay of Police Constables. The petitioner submits that he has moved the Government in Ext.P2 representation seeking similar treatment as is given to unqualified Police Constables. The respondents have stated in the counter affidavit that Ext.P2 representation has been forwarded to the Secretary to Government and that it is pending with the Government. In these circumstances, while dismissing the writ petition, I direct the Secretary to Government, Home Department to consider Ext.P2 representation and pass orders thereon if it has already not been disposed of, expeditiously and in any event within four months from the date on which the petitioner produces a certified copy of this judgment, after affording him a reasonable opportunity of being heard. P.N.RAVINDRAN Judge TKS