IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 22133 of 2004(I) -------------------------- PETITIONER: ------------ P.MURALEEDHARAN, NO.901530361,ASI/FIRE CISF UNIT FACT/CD, COCHIN DIVISION, AMBALAMEDU, COCHIN : 682 303. BY ADV. SRI.M.RAJAGOPALAN RESPONDENTS: ------------- 1. THE DIRECTOR GENERAL CISF, CISF HEAD QUARTERS, LODHI ROAD, NEW DELHI - 110 003. 2. THE COMMANDANT, CISF UNIT, FACT/CD COCHIN DIVISION, AMBALAMEDU, COCHIN - 682 303. BY ADV. SMT.MOLLY JACOB, CGC FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF RELEVANT PORTION OF PROMOTION ORDER DT.6.12.2000 OF THE COMMANDANT, CISF, SCCL. P2: TRUE COPY OF THE REPRESENTATION DT.30.12.2003 SUBMITTED TO R1. P3: TRUE COPY OF ORDER DT.5.7.04 BEFORE THE DIRECTORATE GENERAL CENTRAL INDUSTRIAL SECURITY FORCE, NEW DELHI. RESPONDENT'S EXHIBITS: R2(a): TRUE COPY OF APPOINTMENT LETTER DT.17.11.1990. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.22133 of 2004 .................................................................... Dated this the 4th day of July, 2008. JUDGMENT Heard counsel for the petitioner and Mrs.Molly Jacob, counsel appearing for the respondents. The petitioner is challenging the promotion given to his juniors prior to his becoming Assistant Sub Inspector. The petitioner joined as a Head Constable-Driver in the CISF on 5.11.1990. Even though he had opted for joining the Fire Department which was being set up in the CISF, petitioner was not taken there. However, petitioner was absorbed to the Fire Department in the year 1999 with retrospective effect from 14.10.1991. Taking into account petitioner's service, he was considered for promotion from 1995 onwards. However, he was found ineligible for promotion because of a punishment of six months' withholding of one stage of pay on account of overstay i.e. unauthorised absence for some period during January-February 1995. The DPC again considered the petitioner's case in 1997 and on being found fit, petitioner was promoted to the cadre of A.S.I. with effect from 1998. Petitioner's case is that he was to be promoted in 1995 and his absorption to the Fire Department should have been made on 28.12.1990 itself. Since petitioner 2 has not questioned the delay in his posting in the Fire Department until 2003, I do not think this court should consider whether the petitioner should have been sent to the Fire Department earlier. In any case petitioner's claim for promotion was considered with reference to the seniority and he missed the promotion in 1995 only because of the disciplinary action taken against him. I do not think there is any scope for this court to interfere with denial of promotion to the petitioner in 1995 because he had suffered a punishment by then. It is seen that at the next opportunity petitioner was considered by the DPC and based on DPC's recommendation, petitioner was promoted with effect from 27.2.1998. In the circumstances, petitioner's claim for promotion with retrospective effect is only to be rejected and I do so. Accordingly W.P. is dismissed. C.N.RAMACHANDRAN NAIR Judge pms