IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 RP.No. 670 of 2003 --------------------- (AGAINST THE JUDGMENT IN WA 1612/1996-B DT. 4.1.2002 OF THIS HON'BLE COURT JUDGMENT IN O.P.NO.11811/1991 DT. 9.4.1996) REVIEW PETITIONER(S): /APPELLANT: PETITIONER ------------------------------------------------------------- P.RAMACHANDRAN PILLAI, SUB INSPECTOR OF POLICE, TELECOMMUNICATIONS, TRIVANDRUM RURAL, TRIVANDRUM. BY ADV. SRI.M.R.RAJENDRAN NAIR, (SR) SRI.P.SANKARANKUTTY NAIR SRI.K.SANDESH RAJA RESPONDENT(S): RESPONDENTS: RESPONDENTS --------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM. 2. SUPERINTENDENT OF POLICE, TELECOMMUNICATIONS, TRIVANDRUM-4. 3. DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 4. K.KRISHNANKUTTY, SUB INSPECTOR OF POLICE TELECOMMUNICATIONS C/O.SUPERINTENDENT OF POLICE, TELECOMMUNICATIONS, TRIVANDRUM, NOW RESIDING AT UNNIVEEDU, KRISHNAPURAM P.O., KAYAMKULAM, ALLEPPEY DISTRICT. 5. GEEVARGHESE, SUB INSPECTOR OF POLICE TELECOMMUNICATIONS, C/O.SUPERINTENDENT OF POLICE, TELECOMMUNICATIONS, TRIVANDRUM, NOW RESIDING AT CANANAN VILLA, PAVITHRESWARAM P.O., PUTHUR, KOTTARAKKARA, KOLLAM DISTRICT. 6. K.D.THANKACHAN, SUB INSPECTOR (TELECOMMUNICATIONS), POLICE WIRELESS STATION, DIST.POLICE OFFICE, CIVIL LINE, KOTTAYAM, NOW RESIDING AT KARUKAYIL HOUSE, MELPADOM P.O., MANNAR R.P NO..670/2003 7. RADHAKRISHNAN PILLAI, SUB INSPECTOR (TELECOMMUNICATIONS), POLICE WIRELESS STATION, DIST.POLICE OFFICE, CIVIL LINE, KOTTAYAM, NOW RESIDING AT SREESAKTHI, PALLIPAD, HARIPAD P.O ALLEPPEY DISTRICT. 8. A.PURUSHOTHAMAN NAIR, SUB INSPECTOR (TELECOMMUNICATIONS), POLICE WIRELESS STATION, DIST. POLICE OFFICE, CIVIL LINE, KOTTAYAM. *9. S.RAVEENDRAN, SUB INSPECTOR (DELETED) (TELECOMMUNICATIONS), POLICE WIRELESS STATION, DIST.POLICE OFFICE, CIVIL LINE, KOTTAYAM. 10. A.SIVANANDAN, SUB INSPECTOR (TELECOMMUNICATIONS), POLICE WIRELESS STATION, DIST. POLICE OFFICE, CIVIL LINE, KOTTAYAM, NOW RESIDING AT UROLIKKAT HOUSE, EZHIKKARA P.O., ERNAKULAM DISTRICT. *11. K.BALAKRISHNAN, SUB INSPECTOR (DELETED) (TELECOMMUNICATIONS), POLICE WIRELESS STATION, DIST.POLICE OFFICE, CIVIL LINE, KOTTAYAM. *(THE NAME AND ADDRESSES OF RESPONDENTS 9 AND 11 ARE DELTED FROM THE PARTY ARRAY,VIDE ORDER DT.3.7.07 IN IA 376/07) SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL ADV. SRI.N.NANDAKUMARA MENON (SR.) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- R.P. NO.670/2003 IN W.A. NO.1612 OF 1996 ----------------------------------------- Dated 31st October, 2008. ORDER Balakrishnan Nair, J. The appellant is the review petitioner. The subject-matter of the writ petition and the writ appeal was the inter se seniority between the review petitioner and respondents 4 to 11. . The respondents 4 to 11 joined the service on transfer on 18.1.1974. After undergoing training, they were posted as per Ext.P2 order dated 14.8.1074 with effect from 4.6.1974. The review petitioner submits, the same should be taken as their first appointment to the service, as they can be appointed only after undergoing training. The review petitioner was appointed by direct recruitment on 15.4.1974. After completion of training, he joined the service in December, 1974. The review petitioner contends, Ext.P2 is the order of appointment of the party respondents. But, this RP 670/2003 2 Court took the view that it is only a posting order. The same is an error apparent on the face of the records, warranting review of the judgment, it is submitted. The review petitioner also relies on Annexure-I order produced along with the review petition, issued by the Director General of Police, as per which the seniority of certain persons were reckoned with reference to the date they joined the service after training. 2. The seniority of incumbents in the police service is governed by Rule 27 of the Kerala State & Subordinate Services Rules. No amendment has been brought to our notice in its application to the members of the police force. So, seniority has to be reckoned with reference to the date they joined the service. Then the question arises whether the party respondents can be taken as having joined the service on 18.1.1974 or 4.6.1974. The Division Bench took the view that the date of their joining service should be taken as 18.1.1974. We find that the said view taken is in accordance with the relevant rules. The learned Single Judge has dealt with the matter elaborately. Since the judgment under appeal was one affirming the same, elaborate reasons are not given in it. When the same is read with the judgment of the RP 670/2003 3 learned Single Judge, we find that the Division Bench went by the provisions of Rule 27 of K.S. & S.S.R. We find no irregularity or error apparent on the face of the record, warranting review of the judgment. Accordingly, the R.P fails and it is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/