IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 20880 of 2009(D) ---------------------------------------- PETITIONER(S): --------------------------- S.SUNIL, ARMED POLICE SUBINSPECTOR, KP I BATTALION, THIRUVANANTHAPURAM. NOW WORKING AS SUB INSPECTOR, EMIGRATION, COCHIN INTERNATIONAL AIRPORT, NEDUMBASSERI (CIAL). BY ADVS. MR.M.R.RAJESH, SMT.A.K.PREETHA. RESPONDENT(S): ---------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURM. 2. THE INSPECTOR GENERAL OF POLICE, APB & TP, ARMED POLICE QUARTERS, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ---------------------------- WP(C) NO. 20880 OF 2009 ------------------------------------- DATED THIS THE 3RD DAY OF AUGUST 2009 JUDGMENT --------------- Heard Sri. M.R. Rajesh, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, an Armed Police Sub Inspector attached to the Armed Police Battalion, Thiruvanan thapuram, now on deputation to Cochin International Air Port, Nedumbassery has filed this writ petition aggrieved by the delay on the part of the respondents in convening the Departmental Promotion Committee to consider his case for promotion to the post of Armed Police Inspector. 3. The petitioner was sanctioned leave without allowances for a period of 5 years from the date of availing the leave, as per Ext.P1 Government order dated 24-4-2003. Four years thereafter, he applied to the Government to W.P.(C) No.20880/2009 -:2:- permit him to re-join duty after cancelling the unavailed portion of the leave. The said request was considered and he was permitted to re-join duty on 6-6-2007. 4. Even before the petitioner re-joined duty, his probation in the category of Armed Police Sub Inspector was declared satisfactorily completed with effect from 30-12-1998 as per Ext.P7 order dated 26-3-2007. Therefore, according to the petitioner there is no impediment to consider his case for promotion to the category of Armed Police Inspector. He submits that his juniors have been promoted to the post of Armed Police Inspector as can be seen from Ext.P8. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding respondents 1 and 2 to convene an ad hoc Departmental Promotion Committee to consider his case for promotion. 5. The learned Government Pleader appearing for the respondents on instructions submits that an ad-hoc W.P.(C) No.20880/2009 -:3:- Departmental Promotion Committee has not been convened to consider the case of the petitioner for promotion in respect of vacancies that arose after 3-3-2007 for the reason that the seniority of Armed Police Sub Inspectors has not been finally settled and that a large number of writ petitions are pending in this court. The learned Government Pleader submits that in such circumstances a time limit cannot be set to convene the Departmental Promotion Committee. 6. Ext.P8 discloses that juniors of the petitioner were considered for promotion to the category of Armed Police Inspector against vacancies that arose in the year 2005. The petitioner cannot claim promotion along with the persons named in Ext.P8 for the reason that he had availed leave without allowances since 24-4-2003. On terms of Appendix XII-A of Part I of the K.S.R., his juniors were entitled to be promoted to the higher posts if any vacancy arose during the period when petitioner was away on leave. Further, the W.P.(C) No.20880/2009 -:4:- claims of other eligible persons will also have to be considered for promotion to the said vacancies. The Departmental Promotion Committee can be convened to select officers eligible for promotion only after the seniority dispute is finally settled by this Court. In such circumstances, I dispose of this writ petition with a direction to the respondents to convene the Departmental Promotion Committee to consider the case of the petitioner and others for promotion within four months from the date on which the dispute regarding seniority of Armed Police Sub Inspectors is finally resolved by this Court. P.N.RAVINDRAN Judge pkk