IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 21ST JANUARY 2008 / 1ST MAGHA 1929 WP(C).No. 23655 of 2007(N) ----------------------------------------- PETITIONER: -------------------- E.P. GOPINATHAN, U-1590, SUB INSPECTOR OF POLICE, THIDANADU POLICE STATION, KOTTAYAM DISTRICT. BY ADV. SRI.JOSHI N.THOMAS RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, ERNAKULAM RANGE, ERNAKULAM. 4. DEPUTY INSPECTOR GENERAL OF POLICE, ERNAKULAM. 5. DISTRICT SUPERINTENDENT OF POLICE, DISTRICT POLICE HEAD QUARTERS, KOTTAYAM. 6. DISTRICT SUPERINTENDENT OF POLICE, DISTRICT POLICE HEAD QUARTERS, IDUKKI AT PAINAVU. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23655/2007 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 08/08/2005 IN WP(C) NO. 19823/05 (I) OF THIS HON'BLE COURT. EXT.P2: COPY OF PETITION DTD. 4/07/05 SUBMITTED TO THE 4TH RESPONDENT BY THE PETITIONER. EXT.P3: COPY OF PETITION DTD. 15/07/05 SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER. EXT.P4: COPY OF ORDER NO.A1/7607/03-ER DTD. 30/09/2005 OF THE 4TH RESPONDENT. EXT.P5: COPY OF ORDER DO NO.515/2005-ID DTD. 06/10/2005 ISSUED BY THE 6TH RESPONDENT. EXT.P6: COPY OF ORDER NO.A1(B)/1599/05/EC DTD. 13/10/2005 ISSUED BY THE COMMISSIONER OF POLICE, KOCHI CITY. EXT.P7: COPY OF ORDER NO.E2/110123/2003 DTD. 08/03/2007 ISSUED BY THE 2ND RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 23655 of 2007 -------------------------- Dated this the 21st January, 2008 J U D G M E N T Petitioner is presently working as S.I. of Police. Earlier, a departmental enquiry was initiated against him, pursuant to the registration of a crime in which he was also an accused. Pursuant to the acquittal of the petitioner in the criminal case, departmental proceedings were also closed. But in the meanwhile, petitioner could not be considered for promotion to the post of Sub Inspector. This court, as per Exhibit P1 judgment directed that the petitioner's claim for promotion to the post of Sub Inspector be considered. Accordingly, by Exhibit P4 order, the petitioner was directed to be provisionally promoted but it was made clear that the precise date of effective promotion will have to await the finalisation of the seniority list for SIs taking note of the ratio of 1:1 between direct recruits and promotees. This is again reiterated in Exhibit P7 passed by the Director General of Police. Petitioner challenges Exhibits P4 and P7 to the extent to which they “deny W.P ( C) No. 23655 of 2007 2 service benefits to the petitioner which were withheld during the pendency of departmental proceedings”. Petitioner is due to retire in a month, it is contended. 2. After having heard the learned counsel for the petitioner and the learned Senior Government Pleader, I am of the view that the actual date of effective promotion of the petitioner to the post of Sub Inspector or regularisation in the post of Sub Inspector, is a matter that can be considered after the seniority list of Sub Inspectors for the period subsequent to 31.12.2002 is finally determined. Apparently a seniority list has been finalised but several persons have filed applications under Rule 27 B of Chapter II of K.S. & S.S.R. In fact , there are writ petitions pending before this Court challenging the final seniority list and the order passed by the Government on the applications under Rule 27 (b). 3. In the result, this writ petition is disposed of directing the 3rd respondent to consider the petitioner's claim for regular promotion to the post of Sub Inspector consequent upon the final determination of the seniority list in the post of Sub Inspectors. The petitioner may bring this to the notice of the 3rd respondent, W.P ( C) No. 23655 of 2007 3 who shall then take appropriate steps to see that due seniority is assigned to the petitioner in the post of Sub Inspector and consequential benefits are also given to him. (V.GIRI, JUDGE) ma W.P ( C) No. 23655 of 2007 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007