IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 OP.No. 18136 of 2001(H) ------------------------------------- PETITIONER: ---------------------- DINESH KUMAR P., CHEMAYANGOTTU HOUSE, P.O.CHEVAYUR, CALICUT – 17. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME (A) DEPARTMENT, THIRUVANANTHAPUAM. 2. THE COMMISSIONER OF POLICE, KOZHIKODE CITY. 3. THE ADMINISTRATIVE ASSISTANT, CITY POLICE OFFICE, KOZHIKODE CITY. BY GOVERNMENT PLEADER SRI. JAI GEORGE THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss O.P.NO.18136/2001 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 9/06/96. EXT.P2: COPY OF THE FORM OF OPTION SUBMITTED BY THE PETITIONER DTD. 18/01/91. EXT.P3: COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 31/03/1999. EXT.P4: COPY OF THE REPRESENTATION FILED BY THE PETITIONER. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DTD. 9/08/2000 FILED BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE REMINDER SUBMITTED TO THE 1ST RESPONDENT THROUGH THE 2ND RESPONDENT. EXT.P8: COPY OF TH ORDER DTD. 21/05/2001. EXT.P9: COPY OF THE ORDER ISSUED BY THE COMMISSIONER OF POLICE, KOCHI CITY. EXT.P10: COPY OF THE INTERIM ORDER PASSED IN O.P.3354/98. EXT.P11: COPY OF THE ORDER IN G.O.(MS) NO.234/99/HOME DTD. 24/11/99. EXT.P12: COPY OF THE ORDER IN G.O.(MS) NO.174/2000/HOME DTD. 18/07/2000. EXT.P13: COPY OF THE PAY SLIP OF CHANDRAN DURING THE MONTH OF APRIL 2006. EXT.P14: COPY OF THE PAY SLIP OF THE PETITIONER DURING THE MONTH OF APRIL 2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- O.P.No.18136 OF 2001 ----------------------------------------------------- DATED THIS THE 29th DAY OF JULY, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner joined the Police Department as a Constable in Kozhikode Armed Reserve on 23.7.1984. He passed the Head Constable test in the Armed Reserve in 1994. He was granted 10 years' higher grade on 8.5.1995 in the scale of pay of Rs.1200- 2040. It was the scale granted to the Head Constables in the Armed Reserve. Later, he was transferred to the local police on 23.9.1996. The petitioner submits, he was so transferred without seeking his consent. But anyway, the petitioner did not demur and he suffered the transfer. On joining the local police, the pay drawn by him was protected. While so, a new pay revision order was issued on 25.11.1998 with retrospective effect from 1.3.1997. The petitioner opted the corresponding scale of pay applicable to the Head Constable in the local police. The same was granted to him as per Exhibit P2 proceedings dated 18.1.1999. 2. But, later, he was served with Exhibit P3 communication by the Commissioner of Police, Kozhikode City on 31.3.1999 holding that since he did not clear the test for promotion as HC, in the local police, he is entitled to get only the higher scale of pay, provided in the standard scales of pay, in O.P.No.18136 OF 2001 -2- the light of the pay revision order. Accordingly, his pay was revised and Exhibit P2 was modified. Challenging Exhibit P3, this Writ Petition is filed. 3. The petitioner has filed C.M.P.No.44344/02 seeking amendment of the writ petition. Along with that application, he has produced Exhibit P11 order of the Government dated 24.11.1999 and Exhibit P12 order dated 18.7.2000. By Exhibit P11, it was ordered that until the tests for promotion to the posts of Head Constable in AR and the local police are unified, the persons with one of the tests will be treated as qualified for the purpose of grant of higher grade and the said order will have the effect from the date of effect of the pay revision order dated 25.11.1998, that is with effect from 1.3.1997. Later, Exhibit P12 order was issued stating that the Government intended to make the date of effect of the provisions contained in Exhibit P11 only from 25.11.1998. The above said petition for amendment was allowed by this Court. 4. The present grievance of the petitioner is regarding the pay drawn by him from 1.3.1997 to 25.11.1998. He is entitled to get the scale of pay applicable to the Head Constable with effect from 25.11.1998 by virtue of Exhibits P11 and P12. But, he has granted only the scale of pay available to unqualified hands for the period from 1.3.1997 to 25.11.1998. The same is the only grievance subsisting. The petitioner submits, Exhibit P12 is ultra vires and illegal and therefore liable to be set aside. If that is O.P.No.18136 OF 2001 -3- set aside, Exhibit P11 will resurrect and he will get higher scale of pay applicable to the promotion post from 1.3.1997. 5. The 3rd respondent has filed a counter affidavit supporting the impugned orders. Heard the learned counsel on both sides. We notice that Exhibit P11 is a concession granted to the persons who joined the local police after clearing the test for Head Constables in the Armed Reserve. The said concession is modified by Exhibit P12, stating that the benefit of Exhibit P11 will be granted only from 25.11.1998. If the Government have the power to issue Exhibit P11, it should be conceded the power to modify it also. Those being orders granting concessions, no police constable can claim any vested right to get the concession from an anterior date. In the absence of any vested right conferred by any statute, we find nothing wrong with Exhibit P12. If Exhibit P12 is valid, Exhibit P3 is also to be upheld to the extent it covers the period from 1.3.1997 to 25.11.1998. In the result, the Writ Petition fails and it is dismissed. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn