IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WA.No. 1310 of 2007 ------------------------- AGAINST THE JUDGEMENT IN OP.32098/2000 Dated 30/06/2005 .................... APPELLANTS/PETITIONERS IN OP: ----------------------------------------- 1. IBRAHIMKUTTY, P.C.3582, KUTHIYATHODE POLICE STATION, ALAPPUZHA DISTRICT. 2. SURESH KUMAR, P.C.3595, KUTHIYATHODE POLICE STATION, ALAPPUZHA DISTRICT. 3. JAYAKUMAR, P.C.3535, KUTHIYATHODE POLICE STATION, ALAPPUZHA DISTRICT. 4. DHARMAJAN, P.C.3564, MUHAMMA POLICE STATION, ALAPPUZHA DIST. 5. MOHANAN, P.C.3572, ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA DISTRICT. 6. RAJAGOPALA PILLAI, P.C.3576, AROOR POLICE STATION, ALAPPUZHA DISTRICT 7. JOSEPH JOSEPH, P.C.3592, EDATHUA POLICE STATION, ALAPPUZHA DIST. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE WA.No.1310/2007 ...2... RESPONDENTS/RESPONDENTS IN OP: --------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 4. SABU KUMAR, P.C.3146, POOCHAKKAL POLICE STATION, ALAPPUZHA DISTRICT. 5. PRAKASHAN, P.C.3361, ALAPPUZHA SOUTH POLICE STATION, ALAPPUZHA DISTRICT. ADV. SRI.M.K.PRADEEPKUMAR FOR R4 & 5 GOVERNMENT PLEADER SRI. BENNY GERVACIS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.K. ABDUL REHIM, JJ. ------------------------------------------ Writ Appeal No.1310 OF 2007 ------------------------------------------ Dated this the 5th day of January, 2009. J U D G M E N T Kurian Joseph, J. The appellants are the petitioners in O.P.No.32098/2000. The crucial grievance of the appellants is with respect to their seniority based on the date of advice. The appellants were recruited to the Kerala Armed Police Battalion in 1984. The respondents 4 and 5 came to Kerala Armed Reserve subsequent to the advice of the petitioners in the Armed Police Battalion. However, the appellants came to the Armed Reserve only on 19.04.1989 whereas respondents 4 and 5 were in the Armed Reserve from 10.09.1984 and 01.04.1985 respectively. The respondents 4 and 5 were transferred to local police on 02.08.1989 and 08.12.1989 assigning seniority in local police with effect from 27.04.1988 and 16.06.1988 respectively. 2. The contention of the appellants is that as on the date of actual transfer of respondents 4 and 5 to local police on W.A.No.1310/07 2 02.08.1989 and 08.12.1989, the appellants were in the Armed Reserve with effect from 19.04.1989. There is no dispute on this factual aspect. But, it is to be seen that respondents 4 and 5 were transferred to the local police pursuant to the directions issued by this Court in the judgment in O.P.No.8978/1988 and Writ Appeal No.1506/1994. As rightly held by the learned Single Judge in the judgment under appeal, this Court had directed to accommodate the Armed Reserve Police Constables in the local police in respect of the vacancies in 1988. As already noted by us above, the appellants were not physically available in the Armed Reserve in 1988. Therefore, the assignment of dates in 1988 in the local police to the respondents 4 and 5 cannot be faulted since the same is pursuant to the directions issued by this Court. 3. We also find that in Annexure R2(a), G.O.(P) No.1686/Home dated 28.01.1986, it has been ordered that the seniority of Police Constables directly recruited in the Armed Reserve and subsequently transferred to local police or promoted as Head Constables shall not be affected by the operation of W.A.No.1310/07 3 Rule 3 of the Kerala Police Subordinate Service (Amendment) Rules. Faced with such a situation, learned counsel for the appellants submits that there were vacancies in the local police in 1989 and in any case after accommodating the Armed Reserve Police Constables pursuant to the directions issued by this Court and noted by us above, Constables like the appellants are entitled to be considered for such vacancies remaining in 1988 and which arose in 1989. It is a matter for the appellants to bring to the notice of the second respondent, in which case, the matter will be factually verified, with notice to such people who submit their representations and affected parties, if any. This writ appeal is disposed of as above. KURIAN JOSEPH JUDGE C.K. ABDUL REHIM JUDGE smp W.A.No.1310/07 4 KURIAN JOSEPH & C.K. ABDUL REHIM, JJ. W.A. No. 1310 OF 2007 J U D G M E N T 05.01.2009