IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 8509 of 2010(K) ------------------------- PETITIONER(S): -------------------- SUNDARAN.S., S/O.SUKUMARAN, AGED 48, HC 639, SULTHAN BATHERY POLICE STATION, WAYANAD DIST. RESIDING AT SIVAGANGA, KENICHIRA, KOLERY P.O., WAYANAD. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY HOME (A) DEPT. GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 3. INSPECTOR GENERAL OF POLICE, KANNUR RANGE, KANNUR. 4. THE SUPERINTENDENT OF POLICE, WAYANAD. GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 8509 OF 2010 (K) ===================== Dated this the 25th day of May, 2010 J U D G M E N T The claim of the petitioner for seniority over some of the colleagues have been turned by Ext.P6 order dated 22/8/09. It is this order which is under challenge in this writ petition. 2. Pleadings show that in 1987, petitioner joined as Police Constable in District Armed Reserve, Waynad. After passing catechism test in 1988, he opted for posting in the local police. 3. According to the petitioner, in November, 1988, there were 182 vacancies in the local police, in one of which, he should have been accommodated. However, he says that on 24/4/1989, based on Ext.P2, ignoring his superior claims, 35 constables of Armed Police Battalion were transferred to local police. It is stated that it was thereafter that on 6/9/89, petitioner and others were transferred and posted. 4. Even according to the petitioner, members belonging to both the batches were subsequently promoted to the higher posts. It was long thereafter that the petitioner claimed seniority over the 35 persons transferred to the local police from Armed WPC No. 8509/10 :2 : Police Battalion on 24/4/1989, which after a long battle, has now been turned down by Ext.P6. 5. Thus the claim of the petitioner rests on the correctness or otherwise of transferring the 35 members of the Armed Police Battalion on 24/4/89 to the local police. 6. In my view, this issue cannot be raked up at this distance of time. The effect will be unsettling seniority which is settled for the last several years, and therefore, this Court will not be justified in upsetting the seniority settled way back since 1989. I am not inclined to interfere with Ext.P6. Writ petition is therefore dismissed. ANTONY DOMINIC, JUDGE Rp