IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WA.No. 2339 of 2009() --------------------- {IN WPC.26066/2009 OF THIS COURT} .................... APPELLANT(S): NON-PARTY ----------------------- 1. M.PRAKASH, SUB INSPECTOR OF POLICE, CBCID, JAWAHAR NAGAR, TRIVANDRUM. 2. B.BABURAJ, SUB INSPECTOR OF POLICE, AIR PORT (EMIGRATION), TRIVANDRUM. 3. R.SOMAN, S.I.POLICE, KADAKKAL POLICE STATION, KOLLAM DISTRICT. BY ADV. SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.C.R.SIVAKUMAR SMT.NIKHILA SOMAN SRI.KRISHNAN.S.RAJ RESPONDENT(S): PETITIONERS & RESPONDENTS IN WA: ----------------------------------------------- 1. T.M.VARGHESE, CIRCLE INSPECTOR OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL ERNAKULAM. 2. REJO P.JOSEPH, SUB INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM. 3. V.A.NISHADMON, SUB INSPECTOR OF POLICE, CHANGANACHERRY POLICE STATION, KOTTAYAM. WA.No. 2339 of 2009 :: 2 :: 4. V.A.ULLAS, INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM. 5. A.M.SIDDIQUE, SUB INSPECTOR OF POLICE, SIO-2, CBCID, ERNAKULAM. 6. P.V.RAMESH, SUB INSPECTOR OF POLICE, PALAKKAD TOWN (NORTH) POLICE STATION, PALAKKAD DISTRICT. 7. R.MANOJKUMAR, SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, PALAKKAD DISTRICT. 8. V.A.KRISHNADAS, CIRCLE INSPECTOR OF POLICE, PATTAMBI, PALAKKAD DISTRICT. 9. SUNNY CHACKO, SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT. 10. K.C.BABU, SUB INSPECTOR OF POLICE, VADAKKENCHERRY POLICE STATION, PALAKKAD DISTRICT. 11. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOMES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 12. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 13. THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER), HOME DEPARTMENT, REPRESENTED BY ITS CONVENER AND SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 14. PRADEEPKUMAR, AGED 38 YEARS, S/O.G. AYYAPPAN PILLAI, PRATHIBHA BHAVAN, MAYYANAD, KOLLAM DISTRICT, WORKING AS C.I. OF POLICE, KOTTARAKKARA. WA.No. 2339 of 2009 :: 3 :: 15. ALJABAR A., AGED 37YEARS, S/O. ABDUL SAMMAD, ALJABAR MANZIL, K.K.KONAM P.O., PALLICKAL, KILIMANOOR, KOLLAM DISTRICT, WORKING AS S.I. OF POLICE, PARIPPALLY. 16. SHAINU THOMAS, AGED 35 YEARS, S/O.V.THOMAS, VENGAVILA CHANGAYIL VEEDU, CHEMPAKARAMANALLOOR, ANCHAL P.O., PATHANAPURAM TALUK, EDAMALACKAL VILLAGE, WORKING AS S.I. OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, KOLLAM DISTRICT. 17. GOPAKUMAR, S/O.BALAKRISHNAN PILLAI, GOPASADANAM, AITHOTTUVA, WEST KALLADA, KOLLAM DISTRICT. ARE IMPLEADED AS ADDITIONAL R14 TO R17 AS PER ORDER DT. 3.12.2009 IN IA 1211/09. R1 TO R10 BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN & SRI.T.S.SHYAM PRASANTH R11 TO R13 BY GOVERNMENT PLEADER SRI.BENNY GERVASIS R14 TO R17 BY ADV.SRI.C.R.SIVAKUMAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ------------------------------------------------ W.A.No.2339 of 2009 ----------------------------------------------- Dated this the 9th day of December, 2009 JUDGMENT Kurian Joseph, J. The appellants are not parties to the judgment in W.P.(C)No.26066/09. The appellants approached this court apprehending that the judgment in the said writ petition would stand in the way of their promotions being considered. 2. After hearing the counsel on both sides and learned Government Pleader, this court had on 4.11.2009, issued the following order: “Notice. It is made clear that the judgment shall not stand in the way of the vacancies available in the post of Circle Inspector of Police being filled up on the basis of the existing seniority list of Sub Inspector of Police. However, it should be made clear in the order that the said promotion is provisions and is subject to the outcome of the decision taken by the Government in the appeals. There will be a direction to the Government to pass orders on the appeals on or before 31.12.2009.” W.A.No.2339 of 2009 :: 2 :: In view of the said order, no further orders are necessary. The writ appeal is disposed of in terms of the said order. It is made clear that this court has not considered the various contentions raised by the parties and all the contentions are left open. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy// P.S. to Judge.