IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 21374 of 2008(T) -------------------------------------- PETITIONER : ------------------ T.K.SAGUL, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE, PALAKKAD. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENTS : ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) REPRESENTED BY ITS CONVENER - HOME SECRETARY TO GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 21374 of 2008 -------------------------- Dated this the 16th July, 2008 J U D G M E N T Petitioner is presently working as Assistant Commandant in the District Armed Reserve, Palakkad. While working as Reserve Sub Inspector, he was placed under suspension in the year 1997. Proceedings ultimately ended only in 2006 and it was found that petitioner is entitled to notional promotion as Reserve Inspector with effect from 31.10.1997 and his promotion in the cadre of Reserve Inspector was regularised with effect from 1.6.1997, i.e the date on which the promotion of his immediate junior was regularised. Under Exhibit P2, his probation was declared in the post of Reserve Inspector with effect from 2.6.1999. 2. In the meanwhile, by Exhibit P3, select list for the post of Assistant Commandant against the vacancies of the years from 2000 to 2002 was published . Petitioner was not considered because disciplinary proceedings were then pending. Later pursuant to W.P ( C) No. 21374 of 2008 2 Exhibits P1 and P2, his name was again considered by the Adhoc DPC and he was directed to be included in the select list for the year 1999 for the vacancies in 2000 as Serial No.3 (a). By Exhibit P7 order, the petitioner was promoted as Assistant Commandant with immediate effect. Petitioner has submitted Exhibits P8 and P9 thereto pointing out that since he was included in the select list for the year 1999 as Serial No.3 (a) he must be promoted as Asst. Commandant, at the earliest, with effect from 1.7.2000,the date on which his immediate junior Sri.N.Babu was promoted and regularized. The same is pending. In the meanwhile, Exhibit P10 select list has been published. Proceedings have been taken by the DPC for preparation of the select list of Asst. Commandants fit for promotion as Deputy Commandants in the Armed Reserve. 3. Apparently, DPC Higher has not considered the petitioner on the premise that his probation had not been declared in the post of Assistant Commandant. His probation in the post of Asst. Commandant is yet to be declared. Petitioner’s grievance would be redressed if W.P ( C) No. 21374 of 2008 3 orders are passed on Exhibit P8 and P9. If his promotion as Asst. Commandant is regularized with effect from 1.7.2000, obviously his probation would have been declared with reference to the date from 1.7.2000 and consequently his claim would have been considered by an Ad hoc DPC. In the result, the writ petition is disposed of directing the 3rd respondent to pass orders on Exhibit P8 with reference to the date of effective promotion of the petitioner to the post of Asst. Commandant on the basis of Exhibit P6 and his inclusion in the select list for the year 1999 as Serial No.3 (a) within a period of six weeks from the date of receipt of a copy of this judgment. If select list for the post of Deputy Commandant is published in the meanwhile and operated upon then pursuant to the orders to be passed in the matter of declaring the petitioner’s probation as directed above, petitioner’s case shall be considered by an Adhoc DPC which may be convened by the Government without further delay as such. (V.GIRI, JUDGE) ma W.P ( C) No. 21374 of 2008 4 W.P ( C) No. 21374 of 2008 5