S MOHAMMED KABEER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is a Reserve Inspector in the District Armed Reserve Police Department of the Government of Kerala. THE petitioner is a promotee. In the matter of recruitment to the post of Reserve Sub Inspectors, the recruitment rules provide for 1:1 ratio between direct recruits and promotees. Since direct recruits have been appointed in excess of their quota, there arose disputes regarding seniority as between direct recruits and promotees. THE promotees including the petitioner obtained a favourable judgment in O.P. No.31240/2001 and connected cases. Subsequently the petitioner obtained Ext.P4 judgment from this court again for implementation of that judgment. Inspite of the same, that judgments have not been implemented is the grievance of the petitioner. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:

(2.) THE contention of the learned Government Pleader is that the judgement in O.P.No.31240/2001 could not be implemented insofar as the judgment in that case was taken in appeal before the Hon'ble Supreme Court in S.L.P. Nos.1500 to 1504/2008 and there was a stay. But the learned counsel for the petitioner has now produced Ext.P5 judgment of the Hon'ble Supreme Court, wherein the SLPs were finally dismissed on 29.11.2010. That being so, there cannot be any impediment for the respondents to implement the judgment in O.P. No.31240/2001 and Ext.P4 judgment. Accordingly there would be a direction to the respondents 1 & 2 to see that the revision of seniority as per the directions in the above said judgments shall be completed as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. Depending on the revision of seniority all consequential service benefits shall be disbursed to the petitioner including the retirement benefits within one month therefrom. THE writ petition is disposed of as above.