T P RADHAKRISHINAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) AN order issued by the Government as G. O. (MS) No. 142/06/home dated 22. 8. 2006 and consequential direction issued by the Director General of police are the subject matter of challenge in these writ petitions except W. P. (C) Nos. 3941, 3980 and 9355 of 2008, wherein petitioners have sought for an implementation of the Said Government Order. In the other writ petitions, petitioners impugn the order either in whole or in part. There is a frontal challenge to the order as such in W. P, (C) No. 38177 of 2007 and therefore I propose to refer to the facts in the said writ petition in the first instance.

(2.) AS stated above, petitioners have really sought for implementation of the Government Order in W. P. (c) No. 3941 of 2008 and two other writ petitions. Though there is no contention that there is reluctance on the part of the Government to implement the order issued by the Government, apparently, writ petitions came to be instituted in circumstances where the implementation of the order was kept in abeyance pursuant to the interim order passed by this Court in W. P. (C) Nos. 30559 of 2006 and 26164 of 2006. In effect, the fate of W. P. (C) No. 38177 of 2007 and other writ petitions, which impugn the Government order, should govern the fate of the aforementioned three writ petitions.

(3.) PETITIONERS in W. P. (C) No. 38177 of 2007 are Head Constables working in Kannur. They entered service as Police Constables in Armed Reserve on 24. 7. 1984. First petitioner was shifted to the local wing as Police Constable on 13. 6. 1988 and the 2nd petitioner was shifted to the local wing as police Constable on 11. 6. 1988. Petitioners were promoted as Head Constables on 13. 8. 2005 and 6. 9. 2005 respectively. Exhibit P1 is the provisional seniority list of Policy Constables (Local) eligible for promotion as Head Constables as on 21. 5. 2000. Respondents 4 and 5 are placed far below the petitioners in Exhibit P1. They are juniors to the petitioners in the cadre of Head Constables. The promotion post to that of Head Constable is Assistant Sub Inspector. Promotions are effected to the post of Assistant Sub Inspector on the basis of seniority in the cadre of Head Constable. If it is so affected, petitioners would naturally be promoted ahead of respondents 3 and 4.