IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 16823 of 2007(C) -------------------------- PETITIONER: ------------ A.MUHAMMED ABDUL KHADER, HCT 6971, D.C.R.B. TRIVANDRUM CITY, RESIDING AT MUDAIKONATH PUTHEN VEEDU, TC 8/221(2), THIRUMALA, THIRUVANANTHAPURAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKAD, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.16823 of 2007 c ------------------------- Dated this the 24th day of June, 2008. JUDGMENT The petitioner was appointed as a Police Constable in the AR camp, Thiruvananthapuram in 1979 and on the formation of the Wayanad District, the Government asked his willingness to be posted in the Wayanad District. Pursuant to Ext.P1 order, the petitioner was transferred to Wayanad District, without any loss in the seniority. After 8 years of service, the petitioner was transferred to the parent district, Thiruvananthapuram. He was granted second time bound higher grade in the year 2000. According to him, he was eligible for 3rd time bound higher grade with effect from 1.6.2002. But, he has not been granted the same. By Ext.P2 order, the petitioner was informed that he will be entitled to 3rd time bound higher grade only on 23.7.2006. By Ext.P3 order passed by the Director General of Police, he was informed that he will be entitled to 3rd time bound higher grade with effect from 23.2.2006. 2. Apart from the claim for 3rd time bound higher grade with effect from 2002, the petitioner W.P.(C).NO.16823/07 :: 2 :: also has a claim for designation as Assistant Sub Inspector in terms of Ext.P4 Government Order. Ext.P4 Government Order had been challenged in a batch of writ petitions before this court and operation of the same was stayed. On the basis of the interim order so passed by this court, the Director General of Police had issued a circular bearing No.1/07, which stipulated that designation as a Grade Assistant Sub Inspector will be done only on the basis of the seniority in the cadre. On the basis of this stand, by Ext.P6 order, the Government rejected the claim of the petitioner for designation as Assistant Sub Inspector. The said order also rejected his claim for a higher grade. 3. The respondents have filed a counter affidavit in which they have, inter alia, detailed the punishments imposed on the petitioner. The period during which the petitioner had suffered the punishment viz., bar of increments with cumulative effect, cannot be counted for the purpose of higher grade. Insofar as the designation of Assistant Sub Inspector is concerned, the petitioner was originally designated as Assistant Sub Inspector on the basis W.P.(C).NO.16823/07 :: 3 :: of Ext.P4 Government Order. But the said order was challenged in a batch of writ petitions before this court and the operation of the same was stayed. It is, therefore, that Ext.P7 was issued cancelling the designation already granted to the petitioner. The counter affidavit is seen to have been filed on 22.9.2007. 4. I heard learned counsel for the petitioner and the learned Government Pleader. 5. The stand taken by the respondents, as regards the grant of 3rd time bound higher grade to the petitioner in terms of Ext.P3 order, cannot be faulted with. The period during which the petitioner had suffered a punishment of bar of increment with cumulative effect is to be excluded in computing the requisite period for the grant of time bound higher grade. I do not find any error in Ext.P3 in this regard. 6. But, insofar as the designation of the petitioner as Assistant Sub Inspector in terms of Ext.P4 Government Order is concerned, the petitioner is entitled to the same in terms of Ext.P4, which was once granted and the same was cancelled in the light of the interim order this court had passed in W.P.(C)No.25009/07 and W.P.(C).NO.16823/07 :: 4 :: connected cases. This is what is referred to in the counter affidavit also. But subsequently, Ext.P4 order has been upheld and this court had directed implementation of the same vide judgment dated 28.3.2008, reported in Radhakrishnan Nair v. State of Kerala {2008(2) KLT 645}. 7. In the result, Exts.P6 and P7 are quashed insofar as they relate to the cancellation of the petitioner's designation as Assistant Sub Inspector. Ext.P6 is upheld insofar as it relates to grant of time bound higher grade to the petitioner. The second respondent shall pass revised orders as regards the designation of the petitioner as Assistant Sub Inspector within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge