IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 OP.No. 8388 of 2003(W) --------------------------------- PETITIONER: ------------------- R.SEETHALEKSHMI AMMA, WOMAN POLICE CONSTABLE NO.5813, VANITHA POLICE STATION, THIRUVANANTHAPURAM. BY ADVS. MR.M.BALAGOVINDAN, MR.P.M.JOSEPH, MR.M.R.SASITH. RESPONDENTS: ------------------------ 1. DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANATHAPURAM. 2. CITY COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 3. BABY AMMA, WOMAN POLICE CONSTABLE NO.6192, VANITHA POLICE STATION, RESIDNG AT VILAYIL VEEDU, KUTHIRAKULAM, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1, R2 & R4 BY GOVT. PLEADER SMT. SMITHA SUKUMAR, R3 BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 8388/2003-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS OF THE INSPECTOR GENERAL OF POLICE, KERALA STATE, DT. 03/12/1974. EXT.P.2: COPY OF THE INTER DISTRICT TRANSFER ORDER DT. 19/05/1980. EXT.P.3: COPY OF THE G.O.(RT)2092/83/HOME DTD. 03/08/1983. EXT.P.4: COPY OF THE ORDER ISSUED BY THE R.2. EXT.P.5: COPY OF THE G.O.(RT).NO.2218/94 DT. 19/10/94. EXT.P.6: COPY OF THE PROVISIONAL SENIORITY LIST PUBLISHED BY CITY COMMISSIONER OF POLICE ON 29/07/99. EXT.P.7: COPY OF THE ORDER OF THE R.2. DT. 22/11/2002. EXT.P.8: COPY OF THE JUDGMENT IN O.P. 36504/02 OF THIS HONOURABLE COURT DT. 09/12/2002. EXT.P.9: COPY OF THE ORDER OF THE R.2. DT. 15/02/2003. EXT.P.10: COPY OF THE ORDER OF THE R.1. DT. 14/02/2003. EXT.P.11: COPY OF THE RELIEVING ORDER OF THE R.3. EXT.P.12: COPY OF THE ORDER CANCELLING THE PROMOTION OF WOMAN HEAD CONSTABLE. EXT.P.13: COPY OF THE SENIORITY LIST OF WOMAN HEAD CONSTABLE DT. 09/12/2002. EXT.P.14: COPY OF THE ORDER OF THE COMMISSIONER OF POLICE DT. 30/09/94. EXT.P.15: COPY OF THE DOCUMENT CO. 913/94 ISSUED BY THE OFFICE OF THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. EXT.P.15.A: COPY OF THE DOCUMENT C.O.914/94 ISSUED BY THE OFFICE OF THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. EXT.P.15.B: COPY OF THE DOCUMENT C.O.915/94 ISSUED BY THE OFFICE OF THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. EXT.P.15.C: COPY OF THE DOCUMENT C.O.916/94 ISSUED BY THE OFFICE OF THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. EXT.P.16: COPY OF THE SENIORITY LIST IN FULL PUBLISHED ON 15/03/2003. O.P. NO.8388/2003-W: RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE ORDER NO. E5/98208/02 DTD. 03/01/03 OF THE DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM ALONG WITH A TRUE COPY OF THE RELEVANT EXTRACT OF THE APPENDED SENIORITY LIST OF WOMEN POLICE CONSTABLES AS ON 01/01/1996. EXT.R3.B: COPY OF THE ORDER NO. E2/2557/03 DTD. 13/02/2003 OF THE DIRECTOR GENERAL OF POLICE. EXT.R3.C: COPY OF THE ORDER NO. E2/2557/2003 (DGO NO.132/2003) DTD. 14/02/2003 OF THE DIRECTOR GENERAL OF POLICE. EXT.R3.D: COPY OF THE ORDER NO. D.G.O. NO. 271/03 DTD. 03/04/2003 OF THE DIRECTOR GENERAL OF POLICE. EXT.R3.E: COPY OF THE LETTER NO. A2-5245/86-5C DTD. 24/03/86 OF THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. EXT.R3.F: COPY OF THE JUDGMENT IN O.P. NO. 59/96-F DTD. 19/09/2002 OF THIS HONOURABLE COURT. EXT.R3.G: COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST APPENDED TO EXHIBIT R3.A. EXT.R3.H: COPY OF THE G.O.(MS)52/83/HOME DTD. 20/04/1983. EXT.R3.I: COPY OF THE G.O.(RT).NO.1567/85/HOME DTD. 23/05/1985. EXT.R3.J: COPY OF THE APPLICATION TO THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT ON 20/12/2006. EXT.R3.K: COPY OF THE LETTER NO. A1/169/93 TC DTD. 30/09/1994. EXT.R3.L: COPY OF THE C.O.NO.250/87-TC DTD. 21/03/1987 OF THE COMMISSIONER OF POLICE, TRIVANDRUM CITY. EXT.R3.M: COPY OF THE CO.NO.750/93-TC DTD. 05/08/1993 OF THE COMMISSIONER OF POLICE, TRIVANDRUM CITY. EXT.R3.N: COPY OF THE CO.NO.461/93-TC DTD. 25/05/1993 OF THE COMMISSIONER OF POLICE, TRIVANDRUM CITY. EXT.R3.O: COPY OF THE CO.NO.107/96/TC. DTD. 08/02/1996 OF THE COMMISSIONER OF POLICE, TRIVANDRUM CITY. EXT.R3.P: COPY OF THE CO.NO.756/96-TC DTD. 26/09/1996 OF THE COMMISSIONER OF POLICE, TRIVANDRUM CITY. O.P. NO.8388/2003-W: EXT.R3.Q: COPY OF THE CO.NO.553/91-TC DTD. 12/08/1991 OF THE COMMISSIONER OF POLICE, TRIVANDRUM CITY. EXT.R3.R: COPY OF THE CO.NO.65/94-TC OF THE COMMISSIONER OF POLICE, TRIVANDRUM CITY. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 8388 of 2003 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 1st October, 2009. J U D G M E N T The petitioner and the 3rd respondent entered service as women constables. The petitioner joined at Alappuzha and the 3rd respondent joined at Ernakulam. Subsequently, they sought for and obtained inter-unit transfer to Trivandrum. The petitioner joined at Trivandrum in 1980 and the 3rd respondent joined at Trivandrum on 2-1-1983. Prior to the 3rd respondent coming over to Trivandrum, in Ernakulam District, the promotion test which constables are required to pass for consideration for promotion as Head Constable was conducted and the 3rd respondent passed the test on 20-2-1982. The petitioner had not passed the test before coming over to Trivandrum since no list was conducted in Alappuzha District. In Trivandrum district also, for quite some time, the promotion test for Head Constables was not conducted. In 1979, a test was conducted but it was cancelled. Subsequently, in 1986, a test was conducted. In respect of that test, the Government had made it clear that promotions based on passing the test conducted in 1986 would be only in accordance with seniority. The petitioner passed the test on 5- 7-1986, but, she was not promoted. Subsequently, the 3rd respondent was promoted on 21-11-2002 as Head Constable. The petitioner objected to the same and filed representations. Those representations were ultimately disposed of by Ext. P9, wherein it was held that on the date of occurrence of vacancy, the petitioner was not qualified whereas the 3rd respondent was qualified. Subsequently, the 3rd respondent was promoted as woman Sub Inspector by Ext. P10 order and she was relieved for taking charge by Ext. P11 order. The petitioner is challenging Exts.P9, P10 and P11 orders seeking the following reliefs: O.P No. 8388/03. -: 2 :- “a. Call for the records leading to the passing of Ext. P7, P9, P10, P11 and P13 quash the same by issuing a writ of certiorari or any other appropriate writ, direction or order. a(i) Call for the records leading to the passing of Ext. P16 and quash the same by issuing a writ of certiorari or other appropriate writ, direction or order. b. Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 & 2 to promote the petitioner to the post of Head constable and from there to the woman Sub Inspector on the basis of the seniority in the cadre of woman police constable without further delay.” 2. The contention of the petitioner is that the date of promotion as Head Constable assigned to the 3rd respondent is 16-1-1985 and there was no vacancy of woman Head Constable on 16-1-1985. In support of this contention, the petitioner pointed out that in Ext. P13 seniority list of Woman Police Constables, the 3rd respondent never found a place. But, after filing of the original petition, Ext. P16 seniority list was published, in which the name of the 3rd respondent was inserted as Sl. No. 28(a), wherein only the date of promotion of 16-1-1985 was assigned to the 3rd respondent. The petitioner pointed out that by Ext. P12 order dated 11-1-1985, two persons, namely, Mariamma and Isha Beevi, who were promoted as Woman Constables on 5-7-1984, were reverted cancelling the promotion orders, which would go to show that as on 16-1-1985, there was no vacancy of Woman Head Constable. It is further pointed out that, in fact, subsequent to the promotion of the persons mentioned in Ext. P12, another person named Guilda was also assigned date of promotion as 16-1-1985 and therefore in any event, the 3rd respondent could not have been assigned the date of promotion as 16-1-1985 insofar as there was no vacancy on 16-1-1985. 3. I have heard the parties. 4. The fact that by Ext. P12 order, two promotions made in O.P No. 8388/03. -: 3 :- 1984 were cancelled on 11-1-1985 would not, ipso facto, go to show that on 16-1-1985, there were no vacancies of Woman Head Constables. The fact that in Ext. P16 seniority list issued subsequent to the filing of the original petition the name of the 3rd respondent was inserted as Sl. No. 28(a) assigning the date of promotion as 16-1-1985 would not also conclusively prove that there was no vacancy of Woman Head Constable on 16-1-1985. Even otherwise, the petitioner would not gain anything by now upsetting the promotion given to the 3rd respondent. Admittedly, the petitioner cannot claim promotion to a vacancy which arose prior to 5-7-1986 since she passed the promotion test only on that date. She has been subsequently promoted as Woman Head Constable and Woman Sub Inspector. She has no scope of going further on account of the seniority position. Both the petitioner and the 3rd respondent are due to retire on 31-3- 2009. Therefore, even if this original petition is allowed, what the petitioner would gain would only be to bring down the 3rd respondent below several others without any corresponding benefit to the petitioner, except to satisfy the ego of the petitioner by seeing that the 3rd respondent is brought down below others. The others have no grievance against the position held by the 3rd respondent now. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction for such a futile exercise, which would not confer any benefit whatsoever on the petitioner. Accordingly, the original petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/