IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 10588 of 2010(W) ---------------------- PETITIONER : --------------------- S.MOHAMMED KABEER, RESERVE INSPECTOR, DISTRICT ARMED RESERVE, KANNUR. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME (K) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. SHRI.K.J.MICHAEL, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE, WYNAD. 4. SHRI.V.DEVADASAN, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE, KANNUR. 5. SHRI.V.AJANTHAN, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE (SECURITY), S.B.C.I.D., THIRUVANANTHAPURAM. 6. SHRI.P.A.CYRIL SHAJI, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE, PALAKKAD. 7. SHRI.P.S.SURESH KUMAR, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE, PATHANAMTHITTA. R1 & R2 BY GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 10588 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2011 J U D G M E N T The petitioner is a Reserve Inspector in the District Armed Reserve Police Department of the Government of Kerala. The petitioner is a promotee. In the matter of recruitment to the post of Reserve Sub Inspectors, the recruitment rules provide for 1:1 ratio between direct recruits and promotees. Since direct recruits have been appointed in excess of their quota, there arose disputes regarding seniority as between direct recruits and promotees. The promotees including the petitioner obtained a favourable judgment in O.P. No.31240/2001 and connected cases. Subsequently the petitioner obtained Ext.P4 judgment from this court again for implementation of that judgment. Inspite of the same, that judgments have not been implemented is the grievance of the petitioner. It is under the above circumstances the petitioner has filed W.P.(C)No. 10588 of 2010 -2- this writ petition seeking the following reliefs: “(i) issue a writ of certiorari or any other appropriate writ, order or direction calling for the papers leading upto Exhibit P1 and quash the same; (ii) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to ascertain the number of vacancies existing as on date consider the claim of the petitioner, with a further direction to the 1st respondent to promote the petitioner to the existing vacancies of Assistant Commandants in the District Armed Reserves; (iii) declare that the petitioner is entitled to be assigned seniority over respondents 3 to 7 and persons similarly advised and appointed in excess of the 50% quota of direct recruits as R.S.Is in the District Armed Reserves other than the seven persons as found in judgment. (iv) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to assign seniority to the petitioner over respondents 3 to 7 and other similarly directly recruited R.S.Is in the District Armed Reserves in the Cadres of R.S.Is and R.Is and give retrospective promotions to there categories with consequential service benefits;” 2. The contention of the learned Government Pleader is that the judgement in O.P.No.31240/2001 could not be implemented insofar as the judgment in that case was taken in appeal before the Hon'ble Supreme Court in S.L.P. Nos.1500 to 1504/2008 and there was a stay. But the learned counsel for the petitioner has now produced Ext.P5 judgment of the Hon'ble Supreme Court, wherein the SLPs W.P.(C)No. 10588 of 2010 -3- were finally dismissed on 29.11.2010. That being so, there cannot be any impediment for the respondents to implement the judgment in O.P. No.31240/2001 and Ext.P4 judgment. Accordingly there would be a direction to the respondents 1 & 2 to see that the revision of seniority as per the directions in the above said judgments shall be completed as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. Depending on the revision of seniority all consequential service benefits shall be disbursed to the petitioner including the retirement benefits within one month therefrom. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/