IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 5127 of 2009(I) ------------------------------------- PETITIONER(S): ------------------------ V.M.MOHANAN, HEAD CONSTABLE, NO.5260, MOUNTED POLICE UNIT, THYCAUD P.O. THIRUVANANTHAPURAM. BY ADVS. MR.B.S.SWATHY KUMAR, SMT.P.A.ANITHA. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 3. V.BALAKRISHNAN, HEAD CONSTABLE NO.T 5262 MOUNTED POLICE STATION, THYCAUD P.O., THIRUVANANTHAPURAM. *ADDL.R4 IS IMPLEADED: R4. INSPECTOR GENERAL OF POLICE, SOUTH ZONE, KERALA STATE, THIRUVANANTHAPURAM. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 5/08/2009 IN I.A.NO.9769/2009) R1 , R2 & R4 BY GOVERNMENT PLEADER MR. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5127/2009 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF G.O.(P) NO.6/2006/P&ARD DTD. 28/02/2006. P2: COPY OF THE COMMUNICATION NO.M.P./427/G1/99 DTD. 26/07/1999. P3: COPY OF THE G.O.(RT) 1505/2005/HOME DTD. 16/06/2005. P4: COPY OF C.O.NO.836/07 TC DTD. 23/08/07. P5: COPY OF THE PROCEEDINGS TRO NO.112/07 DTD. 4/10/07. P6: COPY OF THE PROCEEDINGS NO.GL/989/2005.ACR.II DTD. 18/08/05. P7: COPY OF THE REPRESENTATION DTD. 3/10/07 SUBMITTED BEFORE THE 2ND RESPONDENT. P8: COPY OF THE JUDGMENT DTD. 10/10/07 IN WPC.NO.30087/07. P9: COPY OF THE COVERING LETTER DTD. 22/10/07. P10: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXTS.P8 AND P9. P11: COPY OF THE ORDER CO.NO.1104/07 TC DTD. 13/11/07 ISSUED BY 2ND RESPONDENT. P12: COPY OF THE G.O.(MS) NO.130/82/HOME DTD. 18/10/982. P13: COPY OF THE G.O.(MS) NO.159/71/HOME DTD. 25/09/1971. P14: COPY OF THE RELEVANT PAGE OF SERVICE BOOK OF THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5127 OF 2009 (I) -------------------------------------------------- Dated this the 18th day of December, 2009 J U D G M E N T Petitioner joined service on 2.1.1978 as Police Constable in the Mounted Police Unit. He was promoted as Head Constable only in 2007. According to the petitioner, by virtue of Ext.P1, those SC and ST candidates who entered service prior to 1985 are exempted from acquiring test qualification. It is stated that being a SC candidate he is entitled to the benefit of Ext.P1 and if that be so he ought to have been promoted as Head Constable at least with effect from 1988, when the 3rd respondent, his junior, was promoted. It is stated that on this basis his eligibility for further promotion as ASI should also be reckoned. 2. This claim of the petitioner, relying on Ext.P1 and Rule 13 AA of Part-I KS & SSR, is disputed by the 3rd respondent relying on the proviso to the said Rule which provides that exemption will not enure to the benefit of those belonging to the Executive branch below the rank of Sub Inspector of Police. However, this stand of the respondent can be seen to be WPC.No. 5127/09 :2 : incorrect from Ext.P12, SRO.No.1406/82 dated 30th October, 1982 where Police Constable in Mounted Police has been categorized as a technical post. If so the petitioner is eligible for the benefit of Ext.P1 and so reckoned he is entitled to have his promotion preponed to 30.7.1988, the date on which the 3rd respondent, his junior has been promoted. He is also be eligible for the further promotion to the post of Sub Inspector on that basis. 3. Therefore the writ petition is disposed of directing that the respondents shall prepone the date of promotion as Head constable with effect from 30.7.1998 and his consequential benefit of further promotion will be levied on that basis, within 3 months from the date of receipt of a copy of the judgment. Petitioner shall produce a copy of the judgment before respondents 2 and 4 for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 5127/09 :3 :