IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 15564 of 2009(M) -------------------------------------- PETITIONER(S): --------------------- BIJU.N.P., P.C.4011, MALA POLICE STATION, TRICHUR. BY ADV. MR.SIBY MATHEW MR.PHILIP J.VETTICKATTU MR.B.PREMNATH (E) RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, TRICHUR. 2. THE INSPECTOR GENERAL OF POLICE, TRICHUR RANGE, TRICHUR. 3. THE DIRECTOR GENERAL OF POLICE (KERALA), POLICE HEAD QUARTERS, TRIVANDRUM. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.15564 of 2009 -------------------------------------- Dated 7th July, 2009 JUDGMENT Heard Sri.B.Premnath, the learned counsel appearing for the petitioner. 2. The petitioner entered service as Police Constable in the Kerala Armed Police Battalion on 1.3.1993. When his turn for transfer to the Local Police arose, he relinquished his claim for transfer and chose to remain in the District Armed Reserve, Thrissur. As a result thereof, his juniors were transferred to Local Police earlier than him. Ext.P1 order dated 26.2.1997 issued by the Superintendent of Police, Thrissur establishes the fact that the petitioner had relinquished his claim for transfer to the Local Police during the period from 5.2.1997 to 31.12.1997 and was allowed to continue in the District Armed Reserve, Thrissur foregoing all service benefits during the period of relinquishment, that might have accrued if he was in the Local Police during the said period. Ten years later when the provisional seniority list of Police Constables in the Local Police was published, the petitioner submitted Ext.P3 representation requesting that his rank and seniority in the Local Police immediately above the persons who were initially junior to him in the Armed Police Battalion/District Armed WP(C).No.15564/2009 2 Reserve may be restored. The Superintendent of Police, Thrissur overruled the petitioner's objection and finalised the seniority list. Ext.P4, the order passed by the Superintendent of Police on 4.1.2009 overruling the petitioner's objection to the rank and seniority assigned to him in the provisional seniority list of Police Constables published as per proceedings dated 18.12.2007, is under challenge in this writ petition. 3. Ext.P1 discloses that the petitioner had relinquished his claim for transfer to the Local Police during the period from 5.2.1997 to 31.12.1997. As a result thereof the petitioner's juniors in the District Armed Reserve went over to the Local Police earlier. Ext.P1 order was passed at the petitioner's request and he was allowed to continue in the District Armed Reserve foregoing all service benefits which would have accrued to him had he gone over to the Local Police. The petitioner who chose to remain in the District Armed Reserve and relinquished his transfer to the Local Police when his juniors were transferred, cannot in my opinion after nearly a decade turn round and say that he ought to be ranked above his juniors in the District Armed Reserve who went over to the Local Police earlier. The request was voluntarily made by him. Therefore, the petitioner cannot in my opinion, claim any service benefits during the period mentioned WP(C).No.15564/2009 3 in Ext.P1. The Superintendent of Police, Thrissur was therefore right in holding that he cannot claim seniority in the Local Police during the period from 5.2.1997 to 31.12.1997. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS