MOHAMMED FAIZAL K.A. Vs. D. SALI

JUDGEMENT

(1.) These appeals emanate from the common judgment and order dated 31st Jan., 2014 passed by the High Court of Kerala at Ernakulam in Writ Appeal Nos.953 of 2013 and 1019 of 2013 filed by the appellant. Writ Appeal No.953 of 2013 was filed against the judgment and order dated 23rd June, 2004 passed by the learned Single Judge in OP No.35398 of 2002, whereas Writ Appeal No.1019 of 2013 was filed against the judgment and order dated 8th April, 2010 passed by the learned Single Judge in Writ Petition (C) No.7801 of 2005.

(2.) The former writ petition (No. 35398/2002) was filed by respondent No.1 challenging the government order dated 4th Oct., 2002, bearing No. G.O. (Rt) No.1972/2002/Home Thiruvananthapuram, issued under the signature of the Principal Secretary to Government of Kerala, Home (A) Department. The said order was passed in compliance of the direction given by the High Court in the earlier writ petition filed by respondent No.1 being OP No.6684 of 2001, challenging his non-inclusion in the select list for promotion to the post of Deputy Superintendent of Police for the years 2000 and 2001 prepared by the Departmental Promotion Committee (Higher) (for short, 'DPC'), in its meeting dated 12th Feb., 2001 and 7th May, 2001. The High Court vide its judgment dated 13th March, 2002 had directed the Competent Authority to consider the representation of respondent No.1 and pass appropriate order in accordance with law. Accordingly, the government order impugned in OP No.35398/2002 was passed on 4th Oct., 2002, which reads thus:- "ANNEXURE P-3 GOVERNMENT OF KERALA Abstract

(3.) The State of Kerala resisted the said writ petition (No. 35398/2002) and justified the Government order dated 4th Oct., 2002. However, the arguments put-forth by the State did not find favour with the learned Single Judge who by his judgment dated 23rd June, 2004 held that the punishment awarded to respondent No.1 in the year 1997 of stoppage of two increments, could not form the basis for considering respondent No.1 for promotion in the year 2001. For, the relevant years for considering the entitlement for promotion to be made in the year 2001 would be 1998, 1999, and 2000. Accordingly, the learned Single Judge was pleased to quash the Government order dated 4th Oct., 2002 and allowed the writ petition in the following terms:-