IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 OP.No. 34390 of 2002(R) PETITIONER(S): S. RADHAKRISHNAN NAIR, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE, PATHANAMTHITTA. BY ADV. SRI.B.JAYASURYA RESPONDENT(S): 1. CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR POLICE DEPARTMENT AND PRINCIPAL SECRETARY TO GOVERNMENT, HOME AND VIGILANCE DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. L. SURENDRAN, ASST. COMMANDANT, DISTRICT ARMED RESERVE, ALAPPUZHA. 4. IRAN RATHENAM, ASST. COMMANDANT, DISTRICT ARMED RESERVE (RURAL), NEYYATTINKARA, THIRUVANANTHAPURAM. 5. C.K. NANU, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE, KANNUR. 6. K. ANIYAN, ASSISTANT COMMANDANT, DISTRICT ARMED RESERVE (RURAL), KALAMASSERY, ERNAKULAM DIST. ADDL. R3 TO R6 IMPLEADED AS PER ORDER DT. 10-10-2003 IN I.A.NO. 119465/03. GOVERNMENT PLEADER SMT. K.R. DEEPA. SRI.JOSEKUTTY MATHEW FOR ADDL.R5 & 6 SRI.M.I.JOSEPH FOR ADDL.R5 & 6 SRI.S.SREEKUMAR FOR ADDLR4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 34390/2002. ----------------------------------------------------------------- EXT.P1 SELECT LIST FOR THE YEAR 2002 FOR ASST. COMMANDANTS. EXT.P2 ORDER OF PROMOTION AND POSTING OF ASST. COMMANDANT. EXT.P3 JUDGMENT IN O.P.NO. 11826/2002. EXT.P4 REPRESENTATION SUOBOMITTED BY THE PETITIONER. EXT.P5 SELECT LIST ISSUED BY R1. EXT.P6 APPEAL BEFORE R1. RESPONDENTS' EXHIBITS: -------------------------------------- EXT.R4(a) ORDER DT. 2-11-1990. EXT.R4(b) SELECT PUBLISHED IN KERALA GAZETTEE DT. 20-7-1999. EXT.R4(c) JUDGMENT IN O.P.NO. 30085/2002. EXT.R4(d) VACANCIES FOR THE YEAR 2001. EXT.R4(e) ORDER DT. 29-12-2003. EXT.R4(f) COPY OF DGO DATED 1-10-2003. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O. P No. 34390 of 2002 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th November, 2008. J U D G M E N T The petitioner was a Reserve Inspector in the Armed Reserve Police. By Ext. P1, the petitioner was included in the select list of 2000 for vacancies of 2001 as rank no. 5. He was promoted accordingly by Ext. P2. In the meanwhile, the additional respondents 5 and 6 filed O.P.No. 11826/2002 alleging that they were superseded for promotion to the post of Assistant Commandant in respect of which they had filed some representations. By Ext. P3 judgment, this Court directed the Home Secretary to consider the representations. The petitioner has filed this original petition alleging that pursuant thereto, an ad hoc Departmental Promotion Committee is to be constituted to review Ext. P1 select list. In view of the above circumstances, the petitioner has filed this original petition seeking the following reliefs: “i) To issue a writ of mandamus or any other writ, direction or order restraining the 1st respondent from convening an adhoc meeting of D.P.C. to review the Select List Ext. P1 published long back. ii) to declare that that Rule 28(b)(2) of K.S & S.R do not entitle the D.P.C. to review the select list published ie. Ext. P1.” 2. That was in 2002. In I.A.No. 14074/2008 seeking early posting of the original petition, the petitioner himself has stated that during the pendency of the original petition, the 1st respondent convened an ad hoc meeting of D.P.C and included four persons in a select list including respondents 4 and 5 who are juniors to the petitioner and they have been promoted pursuant thereto. The petitioner has not chosen to amend the original petition challenging O.P No. 34390/02 -: 2 :- the fresh select list and the promotion of additional respondents 4 and 5, without which no relief can be granted to the petitioner. Accordingly, the original petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/