IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 22ND JULY 2009 / 31ST ASHADHA 1931 WP(C).No. 17003 of 2009(U) --------------------------------------- PETITIONER(S): ----------------------- JAHANGIR.M., S/O.BABU.M., HEAD CONSTABLE, NO.4135, ARMED RESERVE, KANNUR RESIDING AT JESNA MANZIL, CHILLIKUNNU ROAD, CHALAD POST, KANNUR-670 014. BY ADV. MR.P.K.RAVISANKAR RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, KANNUR. 4. DEPUTY COMMANDANT, ARMED RESERVE, KANNUR DISTRICT, KANNUR. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 17003 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 22nd day of July, 2009 JUDGMENT Heard Sri.P.K.Ravi Sankar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Head Constable in the Kerala Armed Police Battalion in Kannor district. He entered service in the year 1990 as Police Constable. He was promoted as Head Constable in the year 1998, as per Ext.P1 order dated 25.04.1998. Later, the petitioner was assigned the date 18-3-1997 for promotion to the category of Head Constable as per Ext.P2 letter dated 23-11-2002. Thereafter Ext.P3 provisional seniority list of Head Constables was published wherein the petitioner was shown as serial no. 99. The assigned date of promotion to the category of Head Constable was shown as 18-3-1997. The petitioner’s grievance is that instead of finalizing Ext.P3 provisional seniority list a revised provisional seniority list evidenced by Ext.P5 was published as per order dated 13.11.2008 wherein the date assigned to him for promotion to the category of Head Constable is shown as 18.09.1997. The petitioner submits that W.P.(C) No. 17003/09 2 aggrieved by the rank and seniority assigned in Ext.P5, he has submitted P6 objections and that though more than seven months have passed thereafter, the provisional seniority list has not been finalized. In this writ petition the petitioner seeks a writ in the nature of mandamus commanding the third respondent to finalize the seniority list of Head Constables within a time limit to be fixed by this Court. 3. The learned Government Pleader appearing for the respondents, on instructions, submits that the third respondent has sought a clarification from the Director General of Police in the matter of finalization of Ext.P5 and that as soon as the clarification is received, necessary steps will be taken to finalize Ext.P5 provisional seniority list. Ext.P5 provisional seniority list was published on 3.11.2008. Objections to the rank and seniority assigned to the persons named in Ext.P5 provisional seniority list had to be submitted within three days from the date of receipt of a copy thereof. The pleadings disclose that Ext.P6 representation dated 22.11.2008 was submitted by the petitioner objecting to the rank and seniority assigned to him in Ext.P5. In my opinion, since more than eight months have passed after Ext.P5 provisional seniority list was published, the third respondent has to finalize the same expeditiously. I accordingly dispose of this writ petition with a direction to the W.P.(C) No. 17003/09 3 State of Kerala and the Director General of Police to furnish the clarification sought by the third respondent within two months from today. The third respondent shall within three months thereafter finalize Ext.P5 provisional seniority list, taking into account the objections raised by the petitioner in Ext.P6 and other objections if any. The third respondent shall after orders are passed, as directed above, communicate a copy of the final seniority list along with the proceedings to the petitioner. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, JUDGE. mn.