IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 8064 of 2008(I) ------------------------- PETITIONER: ------------ 1. FAZALUDEEN P., HC T 7015, AR CAMP, THIRUVANANTHAPURAM CITY. 2. G.SREEKUMARAN, HC T-7035, AR CAMP, NANDAVANAM, THIRUVANANTHAPURAM CITY. 3. BAIJU V.G., HC T-7044, AR CAMP, THIRUVANANTHAPURAM CITY. 4. BALAGOPAL G., HC T-7048, AR CAMP, THIRUVANANTHAPURAM CITY. 5. V.LEKSHMANAN, HC T-7056, AR CAMP, NANDAVANAM, THIRUVANANTHAPURAM CITY. 6. SHYLESH KUMAR, HC T-7084, AR CAMP, THIRUVANANTHAPURAM CITY. 7. HARIKUMAR P., HC T-7285, AR CAMP, THIRUVANANTHAPURAM CITY. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).8064/2008 -------------------- Dated this the 27th day of June, 2008 JUDGMENT Petitioners entered service as Police Constables in the District Armed Reserve on 1.4.1988. Pursuant to the advice made by the PSC, Armed Reserve Police Constables, who have completed three years of service and whose probation is declared, are eligible to appear for the Armed Reserve Naik's Test for promotion to the post of Head Constable. Petitioners were eligible for the test scheduled to be conducted on 31.3.1992, but no test was conducted in 1992. But it was conducted only on 18.4.1993. According to the petitioners, Armed Reserve Naik's Test was conducted on 21.4.1991. The A.R.Police constables of the 1988 batch, who were not qualified in terms of the Government Order dated 27.7.1976, were allowed to sit. Petitioners submit that they were not permitted to sit then, though they were eligible for the test held in 1991. But similarly situated persons, who were permitted to attend the test, were subsequently treated as eligible for promotion as Head Constable and their seniority was also protected. Petitioners refer to W.P.(C).8064/2008 2 G.O.(Rt).2218/94/Home dated 19.10.1994 in this regard. They further submit that the said Government Order was ultimately upheld by the Division Bench of this Court in Writ Appeal No.2668/2002. Petitioners' claim are similar and they have, after filing of the writ petition, moved the Government vide Ext.P10 representation. 2. I heard learned counsel for the petitioners and the learned Government Pleader. I have perused the averments in the writ petition as also Ext.P10. 3. In the circumstances, writ petition is disposed of directing the first respondent to consider and pass orders on Ext.P10, after hearing one among the petitioners, within a period of four months from the date of receipt of a copy of this judgment. 4. Petitioners shall produce a copy of the writ petition along with the copy of the judgment, before the first respondent. V.GIRI, Judge mrcs