IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 25009 of 2006(B) -------------------------- PETITIONER(S): --------------- 1. P.SHAMSUDEEN, HC NO.A 3145, AROOR POLICE STATION, ALAPPUZHA DISTRICT. 2. SAMMON P.A., HC NO.A.3153, CHERTHALA POLICE STATION, ALAPPUZHA DISTRICT. BY ADV. SRI.M.K.PRADEEPKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, ERNAKULAM. 4. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. ADDL.RESPONDENTS IMPLEADED AS PER ORDER DT. 5.10.06 IN I.A.13708/06 : 5. KERALA POLICE ASSOCIATION, REP. BY ITS SECRETARY, STATE COMMITTEE, ERNAKULAM. 6.STEPHEN, ASST.SUB INSPECTOR (GRADE) H.C.NO.3505, AROOR POLICE STATION. 7.JAYAKUMAR, H.C.NO.3535, ALAPPUZHA SOUTH POLICE STATION. GOVT.PLEADER SRI.BENNY GERVASIS SRI.PIRAPPANCODE V.S.SUDHIR FOR R6 SRI.V.VARGHESE FOR R6 SRI.M.V.BOSE FOR R.7 SRI.BABU S. NAIR FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2009, ALONG WITH WA NO.1765/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25009/06 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE SENIORITY LIST. EXT.P2 : TRUE COPY OF THE GO(MS) NO.142/2006/HOME DATED 22.8.2006. EXT.P3 : TRUE COPY OF THE CIRCULAR NO.15/06 DATED 15.9.2006. RESPONDENTS' EXHIBITS : EXT.R7A : TRUE COPY OF THE ORDER DT. 4.2.2004 OF THE 4TH RESPONDENT. KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.P.(C) No.25009/06 & W.A.1765/08 ---------------------------------------------- Dated 2nd March, 2009. J U D G M E N T Kurian Joseph, J. In the writ appeal, the appellants are the petitioners. In both writ petitions, the prayers are identical. One set of prayers is extracted below :- “(i) declare that Exts.P2 and P3 orders are ultra virus to Rule 27, 28 and any other rule relevant to promotion of KS & SSR to the extent that leads to the supersession of service seniors in promotion. (ii) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Exts.P2 and P3 and quash the same to the extent that causes supersession of service seniors in promotion. (iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to impose necessary conditions in Exts.P2 and P3 order to avoid the supersession of service seniors.” 2. The issue pertains to the grade designation given to Police Constables and Head Constables in the General WA NO.1765/08 & WP(C) 25009/06 2 Executive Branch of Kerala Police. Since the petitioners have sought for a writ of mandamus directing the Government to impose appropriate conditions to safeguard their interests, it is only appropriate that the petitioners are relegated to pursue their grievance before the Government at the first instance. In that view of the matter, we do not think that we should go into the various details of the factual and legal positions vehemently argued before us by Adv.Sri.Pradeepkumer, learned counsel appearing for the appellants/petitioners. Therefore, we dispose of the Writ Appeal and the Writ Petition as follows :- In the event of the petitioners filing appropriate representations, bringing to the notice of the Government the conditions to be incorporated in Exts.P2 and P3 so as to safeguard their interests, within one month from today, the matter will be considered by the Government with notice to the petitioners and affected parties. Appropriate orders in accordance with law in the matter will be passed by the Government expeditiously. The interim order passed by this court in W.P.(C) No.25009/06 will continue till such time. We WA NO.1765/08 & WP(C) 25009/06 3 make it clear that we have not expressed any opinion as to the merits of the case and the entire contentions are left open. I.A.No.780/08 in W.A.No.1765/08 : Dismissed. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. Nos.25009/06 & 1765/08 ---------------------------------------------- J U D G M E N T Dated 2nd March, 2009.