IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 20092 of 2009(F) ------------------------------------- PETITIONER(S): ----------------------- PRADYUMNAN, HAVILDAR 6563, SPECIAL ARMED POLICE CAMP, THIRUVANANTHAPURAM. BY ADV. MR.N.VIMALAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT. OF KERALA, DEPARTMENT OF HOME AFFAIRS, GOVT. OF KERALA, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMANDENT, SPECIAL ARMED POLICE CAMP, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.20092 of 2009-F ------------------------------ Dated this the 17th day of July, 2009. J U D G M E N T The petitioner entered service as Police Constable in the Special Armed Police Battalion at Thiruvananthapuram on 4.4.1994. He has passed the departmental tests for promotion to the post of Havildar. His name was also included for promotion to the category of Havildar. However for the reason that he was placed under suspension in connection with a criminal case with effect from 23.3.1998, he was not immediately promoted and his juniors were promoted. Later the petitioner was reinstated in service on 10.8.2001. He was also acquitted in the criminal case. He thereupon moved the second respondent seeking promotion as Havildar, with effect from 17.3.1999, the date on which his immediate junior Sri.Udayakumar was promoted as Havildar. The second respondent considered the said request and passed Ext.P4 order dated 9.11.2006 promoting the petitioner as Havildar with effect from 17.3.1999 on a notional basis. He was however not given monetary benefits. Ext.P5 discloses that the petitioner has successfully completed his probation in the category of Havildar with effect from 17.3.1999. In this writ petition the petitioner claims payment of salary and allowances in the category of Havildar with effect from 17.3.1999. Seeking redressal W.P(C) No.20092 of 2009-F 2 of his grievance, the petitioner has moved the second respondent by filing Ext.P6 representation dated 26.12.2008. Since the primary authority namely the second respondent is yet to take a decision in the matter, I do not propose to go into the merits of petitioner's contentions at this stage. I accordingly dispose of this writ petition with a direction to the second respondent to consider the request made by the petitioner in Ext.P6 representation and take a decision thereon in accordance with law. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition before the second respondent. It will open to the second respondent to hear the petitioner in person before orders are passed as directed above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.20092 of 2009-F 3