IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 WP(C).No. 28376 of 2008(C) -------------------------- PETITIONERS: --------------- 1. RATHAN RAJ, S/O.JOSEPH, AGED 54 YEARS, AMOLBHAVA MANDIRAM, VAZHAYILA, KODAPPANAKKUNNU P.O THIRUVANANTHAPURAM. 2. PURUSHOTHAMAN, S/O.THANKAPPAN, AGED 52 YEARS, SAROOPAN POZHUTHU, VENGANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJESH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, TRIVANDRUM. 2. THE DEPARTMENT PROMOTION COMMITTEE, REPRESENTED BY ITS CHAIRMAN. 3. INSPECTOR GENERAL OF POLICE (TR), THIRUVANANTHAPURAM. 4. THE CITY POLICE COMMISSIONER, ASSISTANT COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 28376 of 2008 ------------------------------- Dated this the 24th September, 2008. J U D G M E N T The petitioners are Assistant Sub Inspectors of Police. They had earlier approached this Court by filing W.P.(C) No.16605 of 2008, complaining that their objections to Ext.P2 provisional seniority list were not being considered. By Ext.P5 judgment delivered on 11.6.2008, this Court disposed of the said writ petition, with a direction to the third respondent to consider the objections raised by the petitioners to provisional seniority list, if it has not been finalised as on that date. In the present writ petition, the petitioners' grievance is that they have been superseded for promotion as Sub Inspector of Police. They challenge Ext.P6 select list of Assistant Sub Inspectors of Police, (General Executive Branch) found fit for promotion as Sub Inspector of Police and contend that they should also have been included in the select list for promotion as Sub Inspector of Police. The petitioners contend that without considering their W.P.(C) No.28376/2008 2 objections to the provisional seniority list, they have been superseded. 2. Sri.P.Nandakumar, the learned Government Pleader appearing for the official respondents, submits that petitioners have a right under Rule 28(b)(i)(8)(a) of Part-II of the K.S. & S.S.R. to represent against their supecession by submitting a representation before the Convenor of the Departmental Promotion Committee and that as the petitioners have an effective alternate remedy, this Court may not at this stage entertain the writ petition and proceed to adjudicate on the claims and contentions of the petitioners. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Rule 28(b) (i)(8)(a) of Part-II of the K.S. & S.S.R. confers on the petitioners a right to object to their exclusion from the select list, by submitting a representation before the Convenor of the Departmental Promotion Committee, within one month from the date on which the select list was published. Ext.P6 list is dated 21.8.2008. Ext.P6 directs Unit heads to publish the list urgently. W.P.(C) No.28376/2008 3 Ext.P6 also discloses that it was received in the office of the Commissioner of Police, Thiruvananthapuram, on 21.8.2008 itself and published on 22.8.2008. This writ petition was filed on 22.9.2008. In this state of affairs, I dispose of the writ petition with the direction that if the petitioners submit a representation before the second respondent, the Convenor of Departmental Promotion Committee, on or before 30.9.2008, objecting to their exclusion from Ext.P6 select list, the second respondent shall place it before the Departmental Promotion Committee, and take a decision thereon, if necessary, after affording the petitioners an opportunity of being heard. In the event of the petitioners filing the representation within the time stipulated above, the second respondent shall consider the same and take a decision thereon within six weeks thereafter. P.N.RAVINDRAN, JUDGE nj.