IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 20582 of 2006(A) --------------------------------------- PETITIONER(S): ------------------------- 1. P.B. RAMESAN, AGED 49 YEARS, MECHANIC HEAD CONSTABLE, 4998,A.R.CAMP,ALAPPUZHA. 2. RADHAKRISHNAN, AGED 52 YEARS, MECHANIC HEAD CONSTABLE, 4647,A.R.CAMP, THRISSUR. 3. SIBI L.ALEX, AGED 37 YEARS, MECHANIC HEAD CONSTABLE 1283, KAP V BATTALION, MANNATTUPARAMBA, KANNUR. 4. NAGAPPAN NAIR, AGED 51 YEARS, MECHANIC HAD CONSTABLE 1629, CITY A.R.CAMP, THIRUVANANTHAPURAM. 5. SUNILKUMAR S., AGED 40 YEARS, MECHANIC HEAD CONSTABLE, 8359, CBCID HEAD QUARTERS THIRUVANANTHAPURAM. 6. SEBASTIAN, AGED 37 YEARS, MECHANIC HEAD CONSTABLE, 3482, KAP IST BATTALION, THRISSUR. 7. ASOKAN, AGED 44 YEARS, MECHANIC HEAD CONSTABLE 3249, A.R. CAMP, PALAKKAD. 8. JOSE KURIAN V., AGED 29 YEARS, MECHANIC/HAVILDAR 4466, KAP 2ND BATTALION, PALAKKAD DISTRICT. 9. PADMANABHAN, AGED 46 YEARS, MECHANIC/HAVILDAR 4467, KAP 2ND BATTALION, PALAKKAD DISTRICT. 10. AJIKUMAR, AGED 38 YEARS, POLICE CONSTABLE 3643, KAP 2ND BATTALION, PALAKKAD DISTRICT. W.P.(C) NO.20582/2006 11. RASHEED M.A., AGED 31 YEARS, FITTER/POLICE CONSTABLE 3642, KAP 2ND BATTALION, PALAKKAD DISTRICT. BY ADV. MR.MATHEW JAMES RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009, ALONG WITH WPC NO. 32212 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.20582/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN OP. NO.5947/1993. P2:- COPY OF THE LETTER ISSUED BY THE GOVERNMENT. P3:- COPY OF THE ORDER PROMOTING SRI.SUBRAMANIAN AS SUB INSPECTOR. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE GOVT. LETTER NO.36143/K1/99/HOME DTD. 5.8.2000. R1(b):- COPY OF THE CIRCULAR NO.1140/R1/04/P & ARD DTD. 21.2.04. R1(c):- COPY OF THE SRO. NO.621/05 NOTIFICATION GO(P) NO.166/05 HOME DTD. 10.6.05. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. ------------------------------------------ W.P(C) No.20582 of 2006-A & 32212 of 2006 -I ------------------------------------------ Dated this the 11th day of June, 2009. J U D G M E N T Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. Heard Sri.Mathew James, the learned counsel appearing for the petitioners in W.P (C) No.20582 of 2006, Sri.Pirappancode V.S.Sudheer, the learned counsel appearing for the petitioners in W.P (C) No.32212 of 2006 and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioners are Head Constables in the Motor wing of the Kerala Police. These writ petitions have been filed complaining that though the State Government had as early as in the year 2000 stated that steps are being taken to reserve 50% of the vacancies of Motor Transport Sub Inspectors in the Motor Transport Wing of the Kerala Police Subordinate Service to Havildars/Head Constables Mechanics by framing revised special rules, till date, the Government have not taken any decision in the matter. 3. The pleadings disclose that the Government had as early 2 as in the year 2000 initiated steps in that regard and that even after the expiry period of nearly 8 years, the proposed amendment has not been carried out. In these circumstances I dispose of these writ petitions with a direction to the State Government to take a final decision in the matter of framing revised Special Rules for the Motor Transport Wing of Kerala Police Subordinate Service and also in the matter of reserving 50% of vacancies of Motor Transport Sub Inspectors for Havildars/Head Constables Mechanics expeditiously and in any event before 31.12.2009. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab 3