IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 14504 of 2009(G) ----------------------------------------- PETITIONER(S): ----------------------- 1. D. CHANDRA BABU, ASST. SUB INSPECTOR (ASI) P-2399, NARCOTIC CELL, DPO ANNEXE, PALAKKAD, RESIDING AT "DHANYA", AISWARYA NAGAR EXTN., KUNNATHURMEDU, PALAKKAD-13. 2. T.K. JAYAKUMAR, ASI, G-P-2432, DCS SPECIAL BRANCH, PALAKKAD, RESIDING AT "SARADANIVAS", MUTHUTHARA P.O., (VIA) PATTAMBI, KERALA, PALAKKAD DISTRICT. 3. M.V. CHANDRAN, GASI, 3150, SPECIAL BRANCH, PALAKKAD, RESIDING AT "SWAYAMPRABHA", ULLAS NAGAR, UMMINI, DHONI P.O., PALAKKAD. 4. R. BALAN, ASI P-3223(G), DISTRICT SPECIAL BRANCH, PALAKKAD, RESIDING AT KUNNUPARAMBIL, KALAK, PUDIYANKKAM, PALAKKAD-678 545. 5. A. VENUGOPALAN, GASI, P-2717, TOWN SOUTH POLICE STATION, PALAKKAD, RESIDING AT CHINTHA NAGAR, KADAMKODE, KARIUYERAPULLY P.O., PALAKKAD. 6. K. CHIDAMBARAN, GASI, P-2390, TRAFFIC STATION, PALAKKAD, RESIDENT AT CHENNIKODE HOUSE, NOCHULLY P.O., KOYALMANNAM, PALAKKAD. 7. P. PARTHASARATHY, ASI OF POLICE, P-2185, WALAYAR, PALAKKAD, RESIDING AT THOMIPARAMBIL HOUSE, KANKURUSSI, PALAKKAD. WP(C).No. 14504 of 2009(G) 8. K. MANI, ASI OF POLICE, P-2394, KOYALMANNAM POLICE STATION, PALAKKAD, RESIDING AT NEERKODA HOUSE, CHITTUR P.O., PALAKKAD. 9. SASIKUMAR P.K., GHC-3555, WALAYAR POLICE STATION, PALAKKAD, RESIDING AT PULIKKAL HOUSE, ARAMPADAM, THITTAMANGALAM P.O., PALAKKAD DISTRICT, PIN-678 102. 10. K.S. VIJAYADAS, ASI, P-3479, CBD, PALAKKAD, RESIDING AT KURUKKAMPOTTA HOUSE, NOCHUPALLY P.O., MUNDUR, PALAKKAD. 11. T.K. RADHAKRISHNAN, GASI, P-2800, OTTAPPALAM POLICE STATION, PALAKKAD DISTRICT, RESIDING AT THOSHARA HOUSE, CHENNIKULAM ROAD, PARUTHIPULLY P.O., PALAKKAD. 12. K. VIJAYAN, GASI, P-2132, CBCID, PALAKKAD, RESIDING AT "KAILASAM", THANNISSERY P.O., MANNATHUKAVU, KODUVAYUR, PALAKKAD. 13. T. GOPALAKRISHNAN, ASI, CBCID, P-2385, PALAKKAD, RESIDING AT THEKKEPATT HOUSE, POOTHANUR P.O., MUNDUR, PALAKKAD. 14. C. RAMACHANDRAN, GASI, P-3353, OTTAPALAM POLICE STATION, PALAKKAD, RESIDING AT "CHEERUMBAKAVU HOUSE", THENNILAPURAM P.O., ANJUMOORTHY, PALAKKAD-678 682. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, ADV. SRI.S.SUJIN. RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. I.G. OF POLICE, THRISSUR RANGE, THRISSUR. 3. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. WP(C).No. 14504 of 2009(G) 4. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. *5. THAMPURAN, SUB INSPECTOR OF POLICE, MALAPPURAM. * THE 5TH RESPONDENT IS IMPLEADED AS ADDITIONAL 5TH RESPONDENT IN A REPRESENTATIVE CAPACITY AS PER ORDER DATED 04/11/2009 IN I.A. NO.13557/2009. R1 TO R4 BY GOVT. PLEADER MR.NANDAKUMAR R5 BY ADV. SRI.V.C.MADHAVANKUTTY, SMT.P.JAYALAKSHMI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010,ALONG WITH WPC NO. 15309 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14504 of 2009(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SENIORITY LIST PUBLISHED RESPONDENT. EXT.P2: COPY OF THE PROVISIONAL SENIORITY LIST OF HEAD CONSTABLES. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS WITH ANNEXURES BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE ORDER PASSED BY THE ISSUED BY THE DEPUTY INSPECTOR GENERAL OF POLICE ON 29/11/2008. RESPONDENT'S EXHIBITS: EXT.R5(a): COPY OF THE RELEVANT PAGES OF SERVICE BOOK OF THE 5TH RESPONDENT. //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC, J. ------------------------------- W.P.(C) Nos.14504 & 15309 of 2009 ------------------------------- Dated this the 22nd day of June, 2010 J U D G M E N T The issues raised in these writ petitions being common, these cases were heard and are disposed of by a common judgment. 2. For the sake of convenience, I shall be referring to the facts in W.P.(C) No.14504/2009. 3. The petitioners were enlisted as police constables in Palakkad District, which was initially part of the Northern Range. Palakkad District was thereafter integrated to Central Range and still later it was integrated into Thrissur Range. 4. On 30.11.2007, provisional seniority list of Assistant Sub Inspector of Police, Thrissur Range was published, inviting objections, and a copy of this provisional seniority list is produced as Ext.P1. This was followed by Ext.P2, dated 16.7.2008, a provisional seniority list of Head Constables of Thrissur Range. In Ext.P2 seniority list, petitioners were also W.P.(C) No.14504 & 15309/2009 2 included. Though belatedly, objections were filed, and pursuant to the directions of this Court, the second respondent heard the petitioners, considered their objections and overruling their contentions, Ext.P4 order was passed finalising Ext.P2 seniority list of Head Constables. It is in these circumstances these above writ petitions were filed, mainly challenging Ext.P2 seniority list. 5. The main contention raised by the petitioners is that on integration of Palakkad District, to which they originally belonged, into the Thrissur Range, consisting of Palakkad, Ernakulam and Thrissur Districts, the head constables who were enlisted subsequent to them in the other two Districts and earned promotions earlier than them as head constables in those Districts were shown as seniors to them in Ext.P2 seniority list. It is contended that the seniority list should be finalised on the basis of the date of enlistment as police constables and if so drawn, the petitioners would have maintained seniority over the aforesaid head constables, who going by the length of their W.P.(C) No.14504 & 15309/2009 3 service are juniors to the petitioners. Petitioners have also filed I.A.No.7806 of 2010, furnishing the names of certain head constables along with their dates of enlistment and their serial number in Ext.P2 seniority list. It is stated that all those persons were enlisted as police constables subsequent to them, but have been assigned seniority above them in Ext.P2 seniority list. 6. On the other hand, the contention of the learned Government Pleader is that seniority in the category of Head Constable has to be determined with reference to the date of occurrence of vacancy of Head Constable, which according to him, is consistent with Rule 27(a) read with Rule 28(bb) of K.S. & S.S.R. According to him, it is on that basis, seniority has been assigned in Ext.P2 and that the petitioners' promotion as Head Constables also will have to be regularised on that basis. He further submits that depending upon the occurrence of vacancies, the promotion of police constable to the rank of Head Constable is effected in Districts itself, and that depending upon W.P.(C) No.14504 & 15309/2009 4 the number of vacancies, in some Districts, promotion prospects of police constables are high as compared to some other Districts. Further, it is contended that since none of the petitioners' juniors in the rank of police constables in Palakkad District have got promotion before the petitioners' promotion as Head Constables, no provisions of the K.S. & S.S.R. has been violated in this case, and, therefore, there is nothing vitiating in Ext.P2 seniority list. 7. Admittedly, promotion of police constables is based on the date of occurrence of vacancies and those who have passed the General Head Constable Test are promoted. This promotion is given in the District itself. When different Districts are integrated and a Range is formed, necessarily, seniority list will also have to be consolidated. A consolidated seniority list of Head Constables of the Range can be prepared and the basis of such a consolidated seniority list can only be the date of occurrence of vacancies, against which the police constables have been promoted. Going by the pleadings, it is W.P.(C) No.14504 & 15309/2009 5 obvious that Ext.P2 seniority list has been published on that basis. In preparing and finalising the seniority list, none of the provisions of Rules 27 or 28 of the K.S. & S.S.R. is violated to invite interference from this Court. Further, even going by the case of the petitioners, they have no case that any one of the juniors to them within Palakkad District have got promotion as Head Constable superseding their claims. In such circumstances, Ext.P2 seniority list in W.P.(C) No.14504/2009, does not call for any interference. Writ petition is only to be dismissed and I do so. Since the issue raised in W.P.(C) No.15309/2009 is also identical to that of W.P.(C) No.14504/2009, for the aforesaid reasons, the writ petition is only to be dismissed and hence I do so. ANTONY DOMINIC, JUDGE. nj.