IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 31469 of 2009(C) -------------------------- PETITIONER(S): ------------------ 1. RATHAN RAJ, S/O. JOSEPH, AGED 54 YEARS, AMOLBHAVA MANDIRAM, VAZHAYILA, KODAPPANAKKUNNU P.O., THIRUVANANTHAPURAM. 2. PURUSHOTHAMAN, S/O. THANKAPPAN, AGED 52 YEARS, SAROOPAN POZHUTHU, VENGANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.T.RAJESH RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY HOME DEPT. THIRUVANANTHAPURAM. 2. THE DEPARTMENT PROMOTION COMMITTEE, REPRESENTED BY ITS CHAIRMAN, 3. INSPECTOR GENERAL OF POLCE (TR), THIRUVANANTHAPURAM. 4. THE CITY POLICE COMMISSIONER, ASSISTANT COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 31469 OF 2009 (C) ===================== Dated this the 1st day of December, 2009 J U D G M E N T The challenge in this writ petition is against Ext.P9, the final seniority list of Head Constables. 2. A statement has been filed on behalf of the 3rd respondent. It is stated that in so far as the first petitioner is concerned, he joined Police force as an AR Constable on 1/12/1977 and opted for transfer to Thiruvananthapuram District Local Wing of Kerala Police to which he was transferred on 01/02/1987. it is stated that accordingly his seniority was fixed and that as per the existing rules, only a person who has completed 3 years service in the Local Unit is eligible to attend Local H C Test. It is stated that the petitioner passed the HC test only in 1998 and that thereafter his name was included in the list of Police Constables fit for promotion as Head Constables in 1999. It is stated that thereafter he was provisionally promoted as Head Constable vide order dated 3/5/1999 and that his promotion was regularized w.e.f.20/4/1999 vide order dated 21/8/03, subject to availability of vacancies. It is stated that on the basis of the date WPC 31469/09 :2 : of regularisation, first petitioner was included in the finalized seniority list of Head Constables of Thiruvananthapuram range as on 1/1/2003. 3. Similarly, in the case of the second petitioner also, it is stated that he passed the Head Constable test only in 1998 and was promoted as Head Constable by order dated 31/5/1999 on a provisional basis and subject to the availability of vacancies. It is stated that thereafter his promotion was regularized w.e.f. 30/3/2001. According to the 3rd respondent, on the basis of the date of regularisation, the second petitioner was included in the finalised seniority list of Head Constables in Thiruvananthapuram range as on 1/1/2003. 4. Thus, it is evident that the first petitioner was assigned Sl.No.215 and the second petitioner Sl.No.424 adopting the date of regularisation as Head Constable as the basis. Petitioners have no quarrel about the date stated by the respondents as the date of regularisation of their service as Head Constable. No rule or order is shown that the criteria adopted is illegal. If so, their seniority can be reckoned only from that date and not from any other date. I cannot find any fault with the respondents in WPC 31469/09 :3 : finalising the seniority of the Head Constables on the aforesaid basis. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp