IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 38177 of 2007(T) ---------------------------------------- PETITIONERS: ---------------------- 1. SRI.ASOKAN T., H.C.3018, TRAFFIC POLICE STATION,KANNUR. 2. SRI.O.CHANDRAN,H.C.3035, CRIME BRANCH CID OFFICE, KANNUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUEPERITNTENDENT OF POLICE, KANNUR. 4. SRI.PRAKASAN, H.C.3711, DHARMADOM POLICE STATION, KANNUR. 5. SRI.RADHAKRISHNAN,H.C.NO.3720, KANNUR TOWN POLICE STATION, KANNUR. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR R4 & R5 BY ADV. SRI.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.R.JAYACHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008 ALONG WITH WPC NO. 10185 OF 2008 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.38177/2007 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE PROVISIONAL SENIORITY LIST OF POLICE CONSTABLE (LOCAL) ELIGIBLE FOR PROMOTION AS HEAD CONSTABLES AS ON 21/05/2000 PUBLISHED ALONG WITH ORDER NO.A2/13925/2000 DTD. 31/10/2000. EXT.P2: COPY OF G.O.(MS) NO.142/2006 DTD.22/08/2006. EXT.P3: COPY OF LETTER DTD. 15/09/2006 ISSUED BY THE 2ND RESPONDENT TOGETHER WITH CIRCULAR NO.15/2006 DTD. 15/09/2006. RESPONDENT'S ANNEUXRES: ANNEXURE 1: COPY OF THE EXECUTIVE DIRECTIVE NO.01/07 DTD. 01/02/07. ANNEXURE 2: COPY OF ERRATUM DTD. 15/09/07. /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J ------------------- I.A. 1528/2008 in W.P.(C).38177/2007 -------------------- Dated this the 31st day of January, 2008 ORDER The verified petition is filed by the learned Government Pleader for modification of the interim order passed on 4.1.2008. It is submitted that the latter portion of the order which records the submission of the learned government Pleader that pursuant to the interim order passed by this Court on 15.12.2006 in Writ Petition No.25009/2006 and connected cases, directions have been issued keeping in abeyance the enforcement of Exts.P2 and P3 was not strictly correct. It is further submitted that what has actually been done is that the DGP had taken note of the interim order passed by this Court. He then issued a separate directive to all the unit heads to ensure that the grade benefits of Head Constables (Grade) and ASI (Grade) will be granted only to those who have completed 15/23 years of service and that the period will be reckoned by considering only the eligible persons. It is also made clear that the grade of W.P.(C).38177/2007 2 HC/ASI would not be assigned to those who were not fit for the post. 2. In the light of Annexures-I and II it seems to be clear that as at present advised DGP only responded to the interim order passed by this Court on 15.12.2006. It may not be possible to construe the said directives as one which kept in abeyance of Exts.P2 and P3. The directives are, prima facie, in consonance with the interim order passed on 15.12.2006. 3. After hearing both sides, what is required to be clarified at this stage is that the interim order, passed on 15.12.2006 in W.P.(C).25009/2006 and connected cases, will govern the status of the parties. V.GIRI, Judge mrcs