Holding

The Supreme Court set aside the High Court's judgments, restored the 2004 order, and held that the punishment could be considered for promotion eligibility and that the appellant had standing to challenge the seniority alteration.

Summary

The appellant, a police officer, challenged the promotion and seniority of respondent No.1, who was granted notional promotion to Deputy Superintendent of Police for 2001 despite a 1997 punishment of a two‑year increment bar. The High Court had directed inclusion of respondent No.1 in the 2001 select list, ignoring the effect of the punishment, and subsequent orders altered the appellant's seniority, making him junior. The appellant argued he had locus standi to contest these orders and that the punishment, which extended into the relevant check period, should be considered under Rule 28 of the Kerala Service Rules. The Supreme Court held that the High Court erred in disregarding the punishment and that the appellant was an aggrieved party entitled to challenge the seniority changes. Consequently, the Court set aside the High Court judgments, revived the 2004 government order, and directed the authorities to re‑visit respondent No.1's promotion and seniority as of 14 January 2005, nullifying subsequent consequential orders.

Issues considered

Whether the High Court's direction to include respondent No.1 in the 2001 select list, despite his 1997 punishment, was legally valid.
Whether the appellant had locus standi to challenge the promotion and seniority orders affecting him.
Whether a punishment that extends beyond the year of infraction can be considered for promotion eligibility under Rule 28(b)(i)(4) of the Kerala State and Subordinate Service Rules.
Whether the orders issued by the competent authorities, based on the Single Judge's decisions, should be set aside as non‑est.

Subjects

service lawpromotionsenioritydepartmental promotion committeepunishmentselect listRule 28writ petitionlocus standiseniority dispute

Judgment

(2017] 14 S.C.R. 232

A MOHAMMED FAIZAL K.A.
v.
D. SALi AND ORS.
(Civil Appeal Nos. 10262-10263of2017)
B OCTOBER 04, 2017
[DIPAK MISRA, CJI AND A. M. KHANWILKAR, J.)
Service Law - Promotion - Seniority - Respondent no. l filed
writ petition challenging his non-inclusion in the select list/or
C promotion to the post of Deputy Superintendent of Police for the
years 2000 and 2001 - High Court allowed the inclusion of
respondent in select list for the year 2001 vide order dated 8'h April,
2010 - Pursuant thereto, concerned authorities not only gave
respondent no. l notional promotion to the post of Deputy
Superintendent of Police (non-JPS) w.ef 19'h March, 2001,but also,
D later on considered him for' JPS cadre in 2010 - Appellant filed
separate writ appeals challenging an earlier order dated 23"(.;fune,
2004 of High Court (wherein the State authorities were directed to
consider the case of respondent no. l for inclusion in select list)
and also said order dated 8'h April, 2010 - Both writ appeals
E dismissed by the Division Bench of High Court - Contention of
appellant that the decision to promr>te respondent No.1 against the
vacancy in 2001 was illegal - Held: There is no infirmity in the
judgment dated 23rd June, 2004, as it gave benign direction to the
State authorities to consider the case of the respondent no. l in
accordance with law and nothing more - Thereafter, competent
F authorities, rightly, while considering the fact that respondent no. l
was awarded major punishment and which was still operating during
check period, rejected his inclusion in select list for vacancies of
2001, however, decided to include him in the select list for the year
2003 vide order dated 20'" November 2004 - However, High Court
G had wrongly quashed the order dated 20'h November 2004 and
directed inclusion of respondent in the select list for the year 2001
vide its judgment dated 8'" April, 2010, which upgraded respondent
no. l and made appellant junior to him - Appellant justified in
challenging the impugned decision dated 8'h April 2010 as it directly
affected his seniority - Therefore, order dated 20'" November 2004
H
232
MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 233

passed by the Government, revived and restored and all subsequent A
consequential orders/notifications issued in relation io the subject
matter concerning the promotion and seniority of respondent no. I
stand effaced as non-est - Authorities directed to re-visit the case of
respondent No. I to allot him date of promotion and seniority to the
post of Dep11ty Superintendent of Police w.ej J4'h January, 2005 B
and thereafter to re-allocate fresh notional date of promotion to the
next higher posts.
Allowing the appeals, the Court
HELD: 1. In the present case, it is indisputable that the
punishment awarded to respondent No.1, vide order dated 5th c
November, 1997, is to withhold increments for two years with
cumulative effect. That obviously was to operate beyond two
years from 1997. As mentioned in the counter affidavit filed by
the Additional Secretary of the State before the High Court that
aspect was duly considered by the Departmental Promotion
Committee (DPC) and the· Competent Authority whilst passing D
the order dated 20th November, 2004. It is for that reason, the
DPC examined the case of respondent No.1 and decided to
include him in the select list only for year 2003 as per Notification
dated 28'h October, 2004. [Para 20) [253-A-C]
2. The said order dated 20th November, 2004, was assailed E
by respondent No.1 by way of Writ Petition. The High Court did
not examine crucial aspects though specifically raised by the
Department to oppose the writ petition. The Court instead was
swayed away by the fact that consideration of punishment awarded
in 1997 to respondent No.1, would be against the spirit of the F
earlier decision dated 23rd June, 2004 of the High Court and
was impermissible. Having so held, the Single Judge proceeded
to issue direction to the Competent Authorities on which the
Competent Authorities acted upon without any demur. [Para 21)
'[253-C-E)
G
3. The fact that the Competent Authorities were ill-advised
not to challenge such untenable direction of the Single Judge,
would not preclude the aggrieved person from challenging the
same. The consequence of allowing the second impugned decision
of the Single Judge (dated 8'h April, 2010) to remain in the field
entailed in allocation of notional date of promotion and seniority H
234 SUPREME COURT REPORTS [2017) 14 S.C.R.

.•Ato respondent No.1as19th March, 2001. As, the seniority position
of respondent No.1 was re-assigned on that basis; it directly
affected the appellant who was already promoted to the post of
Deputy Superintendent of Police in earlier point of time on 13th
September, 2002. If the notional date of promotion allocated to
B respondent No.1 as 14th January, 2005 in terms of the order dated
201h November, 2004, was to remain in force, respondent No.1
would remain junior to the appellant at serial No.285 as against
the seniority position of appellant at serial No.208 as ·per the
provisional seniority list published in 2012. The respondent No.1
was upgraded in the Seniority List in terms of government orders
C dated 27th June, 2012 and dated 7'h January, 2~13 respectively.
As a consequence of these orders, the appellant was shown as
junior to respondent No.1 .in the cadre of Deputy Superintendent
of Police and Superintendent of Police (non-IPS), respectively.
[Para 22] (253-F-H; 254-A-C]
D 4. The appellant was justified in challenging the impugned
decision of the Single-Judge dated 81hApril, 2010 by way ofsubject
writ appeals, because of the consequential orders passed by the
Competent Authorities allocating notional date of promotion and
assignment of seniority to respondent No.1. The orders passed
E by the Competent Authorities are the product of direction given
by the Single Judge. That will have to be effaced as non-est
consequent to setting aside of the untenable decision of the Single
Judge dated 8th April, 2010. [Para 23) (254-C-E)
5. The fact that the subsequent decisions of the Competent
Authorities .have not been specifically challenged by way of
F substantive proceedings· by the appellant, would not come in the·
way of the appellant having· succeeded in getting the order dated
201h November, 2004 issued under the signature of Additional
Chief Secretary/Principal Secretary _to Government of Kerala,
revive!J .and restored. The authorities may have to re-visit the
G . case of respondent No.1 to allot him date of promotion in terms
··or order dated 2o•h November, 2004 and restore his seniority
position in the cadre of Deputy Superintendent of Police as 14'h
January, 2005 and correspondingly re-allocate the notional date
of promotion for the next promotion to the post of Superintendent
of Police (Non-IPS/IPS Cadres) respectively, if respondent No.1
H
MOHAMMED FAIZAL K.A. v. D. SALI AND ORS. 235

has completed the qualifying service period for being considered A
for promotion thereto. Merell 'because other officers similarly
placed as appellant have not questioned the impugned decision,
will also_ be no impediment in reviving and restoring the
government order dated 2o•h November, 2014 - as no prejudice
willbe caused to them in_ so directing. (Para 24) (254-E-H; 255-A] B
6. A priori, these appeals must succeed. The impugned
common judgment and order of the Division Bench of the High
Court of Kerala dated 31•1 January, 2014 in Writ Appeals and the
judgment and order of the Single Judge dated 81h April, 2019 in
_ Writ Petition are set aside. As regards the.impugned order dated
23n1 June, 2004, it gives a benign direction to the State Authorities C .
to consider the case of respondent No.l in accordance with law
and nothing more. As a result, the order issued by the Additional
Chief Secretary, Government of Kerala, Home (A) Department,
dated 20th November, 2004 is revived and restrired and all
subsequent consequential orders/notificatiOns issued in, relation D
. to the subject matter concerning the promotion and seniority of
respondent No.1 will stand effaced as non-est. As a consequence; ·
the concerned authorities must re-visit the case of respondent
· No.1 and allot him the date of promotion and seniority to the post
of Deputy Superinten<Jent of,Poli~e w.e.t l41h January, 2005 and
thereafter to re-alfocate fresh notional· date of promotion to the E
next higher selectim(iposts, namely, Superintendent of Police
(Non-IP_S & IPS), as· the case may be, if and upon respondent
No.1 fulfilling the eligibility and qualifying service period therefor.
(Para 27] (255-D-G]
Union of India and Ors. v. K. V. Jankiraman and Ors. F
(1991) 4 SCC 109 : (1991) 3 SCR 790 - relied on.
State of Uttaranchal and Anr. v. Madan Mohqn Joshi
·and Ors. (2008) 6 SCC 797 : (2008] 8 SCR 591; KM
Rashmi Mishra v. MP. Public Service Commission and
G ' ,, '
Ors: (2006) 12 SCC-724: (2006) 7 Suppl. SCR 708 ;
Suresh v. Yeotmal District Central Cooperative BanK
·Limited and Anr. (2008) 12 sec 558 : (2008) 3
SCR 1023 ; State of T.N v. Thiru K.S. Murugesan and
"Ors. (1995) 3 SCC 273 : (1995) 2 SCR 386 ; L. Rajaiah
· v. Inspector General of Registration & Stamps, H
236 SUPREME COURT REPORTS [2017] 14 S.C.R.

A Hyderabad and Ors. (1996) 8 SCC 246: [1996] 2 SCR
136; Collector of Thanjavur Disitt. and Ors. v.
S. Rajagopalan and Ors. (2000) 9 SCC 145 ; Union of
India and Ors. v. Vipin Chandra Hirata! Shah.
· (1996) 6 sec 121: (1996] 7 Suppl. scR 750 -
referred to.
B
Case Law Reference
[2008] 8 SCR 591 referred to Para 15
(2006] 7 Suppl. SCR 708 referred to Para 15

c [2008] 3 SCR 1023 referred to Para 15
[1991] 3 SCR 790 relied on Para 18
[1995] 2 SCR 386 referred to Para 19
(1996] 2 SCR 136 referred to Para 19
D c2000) 9 sec 145 referred to Para 19
(1996) 7 Suppl. SCR 750 referred to Para25
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. I0262-
10263 of2017.
E From the Judgment and Order dated 31.01.2014 of the High Court
of Kerala at Ernakulam in W. A. Nos. 953 & I019 of 2013.
Jaideep Gupta, Sr. Adv., G. Prakash, Jishnu M. L., Mrs. Priyanka
Prakash, Mrs. Beena Prakash, Advs. for the Appellant.
Dileep Pillai, Ajay K. Jain, Atul Shankar Vinod, M. P. Vinod,
F C. K. Sasi, Advs. for the Respondents.
The Judgment of the Court was delivered by
A. M. KHANWILKAR, J. I. These appeals emanate from the
common judgment and order dated 31" January, 2014 passed by the
G High Court ofKerala at Ernakulam in Writ Appeal Nos.953 of2013 and
I 019of2013 filed by the appellant. Writ Appeal No.953 of 2013 was
filed against the judgment and order dated 23'd June, 2004 passed by the
learned Single Judge in OP No.35398 of 2002, whereas Writ Appeal
No. I 019 of 2013 was filed against the judgment and order dated 81h
April, 20 I0 passed by the learned Single Judge in Writ Petition (C) No. 7801
H of2005.
MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 237
[A. M. KHANWILKAR, J.]

2. The former writ petition (No.35398/2002) was filed by A
respondent No. l challenging the government order dated 4'h October,.
2002, bearing No. GO. (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 B
by respondent No.l 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 200 l prep~n:d, by the
Departmental Promotion Committee (Higher) (for short, 'DPC), in its
meeting dated 12th February, 2001 and 7th May, 2001. The High Court
vide its judgment dat~d 13th March, 2002 had directed the Competent C
Authority to consider the representation of respondent No. l and pass
appropriate order in accordance with law. Accordingly, the government
order impugned in OPNo.35398/2002 was passed on 4th October, 2002,
which reads thus:-
''ANNEXURE P-3 D
GOVERNMENT OF KERALA
Abstract
Police Department-Establishnienl OP N0.668412001 filed by
Shri D. Safi Circle Inspector of Police -.Judgment-
. Implementation orders issued. · E

HOME (A) DEPARTMENT
G 0. (Rt) No.197212002/Home Dated Thiruvananthapuram
04.10.2002
F
Read: 1 Judgment dated 13.03.2002 in OP No.668412001
filed by Shri D. Safi Circle Inspector of Police.
2. Representation dated 06.04.2002from Shri D. Sali
Circle Inspector of Police addressed to the Convener
Departmental Promotion Committee (Higher) G

.
ORDER . .. .

The Hon 'b/e High Court I the judgment read as i'" paper
above has ordered as follows:

H
238 SUPREME COURT REPORTS [2017] 1-4 S.C.R.

A "The petitioner has not an efficacious remedy of filing a
representation before the Convener of Departmental
Promotion Committee against his supersession under Rule
28(b)(i) (8) (a) of the General Rules of the KS & SSR. If the
petitioner files a representation before the Convener of the
Departmental Promotion Committee, the second respondent
B
herein, within one month from today, the said respondent
shall consider the same and pass appropriate orders thereon
threating that the same has been passed within the prescribed
time limit. The second respondent shall pass orders as
directed above within three months from the date of receipt
c of a copy of this judgment"
In obedience to the above judgment, the representation from
Shri D. Sali Circle Inspector of Police read as 2"d pap.er
above was placed before an Ad-hoc Departmental Promotion
• Committee (Higher) on 30.04.02 for consideration. The
D committee considered the case in detail with relevant records.
By virtue of seniority in the cadre of CI of police Shri D_, _
Sali CI of Police was co~sidered for inclusion I the Sf!/ect
list of Cis of Police fit for pro.motion- as Deputy Supdt of
folice for the year 2001 (both main and supplementary).
He was .superseded from the above select lists in view of the
E · following:
(i) Punishments of.increment for 2 years with cumulative
effect vide PHQ Order No. G5/73089/93 dated 06.11.97
(ii) Two vigilance enquiries pending
F (iii) An oral Enquiry pending
The oral Enquiry has ended up in his exoneration vide Gil ·
95453199 dated 20.05.2001. The Departmental Promotion
Committee (Higher) which met on 09.04.2002 considered his
case and decided to include him in the select list of Cis of
G Police fit for promotion as Deputy Supdt of Police for the
year 2002 conditionally subject to exoneration in the 2
vigilance enquiries pending. One of the above vigilance
enquiries has ended in his exoneration. But the vigilance
enquiry of a/legation of acceptance of bribe and assessment
of wealth is still pending.
H
-<

MOHAMMED FAIZAL KA. v. D. SALI AND ORS. 239
[A. M. KHANWILKAR, l]

The select list prepared by the Departmental Promotion A
Committee (Higher which met on 12.02.2001 a-nd
07.05.2001 were/or filling up the vacancies in 2001. As per. -
Rule 28(b) (i) (4) of KS & SSr the select list have tp. be
prepared during ihe Calendar year for the vacancies
anticipated in the next Calendar y~ar. - Hence the B
Departmental Promotion Committee (Higher) ought to have
been convened in 2000. Hence the check period yn<fer '
consideration is 1997, 1998 and 1999. Hence/or assessing
the suitability of an Officer the punishment/disciplinary
action, vigilance caseslen_9uities and ACR for the above
period are taken into consideration. Since, D. Safi CI of C
Police was awarded punishment ofincrement bar for 2 years
. -with cumulative e//ect during the check period, the
committee found that the request of Shri D. Sali CI ofPolice
deserves no consideration.
The request is hereby rejected. D ,.,
By order of the convener
N. Ramakrishnan
Principal Secretary to Govt. "

(emphasis supplied) E
3. The State ofKerala resisted the said writ petition {No. 35398/
2002) and justified the Government order dated 4th October, 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 F
respondent No. l for promotion in the year 200 l. 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 4•h October,
2002 and allowed the writ petition in the following terms:- G
"6, In the above vie~ of the matter, Ext. P3 order is /iabfo to
be quashed. I do so. Thfire shall be a directio_n to the third
·respondent to convene an ad hoc D.P.C. for the purpose of
considering the case of the petitioner for the x..ear 2001. ·
H
240 SUPREME COURT REPORTS [2017] 14 S.C.R.

A The merit of the petitioner vis-a-vis others who were eligible
to be considered for the year 2001 shall be assessed on the
basis ofthe confidential records ofthe petitioner for the years
1998, 1999 and 2000 and any other relevant material
pertaining to the select list/or 2001. If the petitioner is found
entitled/or inclusion on the basis ofsuch assessment of merit
B
his name shall be included in the select list for the year 2001
in the appropriate place among officers who were included
in the year 2001. This shall be done within four months
from the date of receipt of a copy of the judgment. lf the
petitioner finds a place in the select list for 2001 his claim
c for promotion on that basis shall be considered in accordance
with law.
Original Petition is disposed of a<;cordingly. "
(emphasis supplied)
D 3. Pursuant to the aforesaid direction issued by the High Court,
th1: case of respondent No. I was re-examined by the Department. After
considering all aspects of the matter, the Depai1ment issued order dated
20 1h November, 2004, bearing GO. (Rt) No. 2527/04/Home, under the
signature of Additional Chief Secretary and Principal Secretary to
Government, Home (A) Department, which reads thus:-
E
"ANNEXURE P-6
GOVERNMENT OF KERALA
Abrstract
Home Department - Establishment OP No.35398102 filed
F by Shri D. Sali, Circle Inspector of Police-Judgment
implementation Orders issued.

HOME (A) DEPARTMENT
GO. (Rt) No 2527104/Home dated Thiruvananthapuram,
G 20.11.2004

Read: 1) Judgment dated 23.06.2004 in O.P.
No.35398102

H
MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 241
[A. M: KHANWILKAR, J.]

2) Represf!ntation dated 24.07.200Jsubmit(ed,by Shri D. A
Safi
ORDER
Shri D. Safi, Circle Inspector of Police was superseded from
the select list of Circle Inspector fit for promotion as Dy.Sps
for the year 2000 and 2001 (i.e. for the vacancies in 2000 B
& 2001) by the Departmental Promotion Committee (Higher) ,
held on 12.07.2001 in view of the penalty for Increment Bar
for 2 years with cumulative effect awarded to him vide PHQ
Order No.GS/73080193 dated05.11.97 and a Vigilance Case,
Vigilance Enquiry and an Oral Enquiry pending against him C
during the check period. He was subsequently included in
the s~lect lists for the years 2002 & 2003 conditionally
subject to exoneration in the 2. Vigilance Enquiry and an
non Oral Enquiry pending against him. Though lie was
. awarded a penalty of Increment Bar of 3 months without D
cumulative effect on 02.07.2001 considering the nature and.·
gravity of the charges against him the cornmittee included
him in the select list conditionally. One of the Vi,gilance_
· Enquiries has been dropped by Government. But he· was not
cleared the promotion since a Vigilance Tribunal enquiry
has been ordered against him vide GO(MS) No.4104/Vig dated - :E
25.02.04 based on the other Vigilance Enquiry.
2. Based on the directions contained in. the judgment dated
13.03.2002 in OP No.6684101 filed by him the ad"hoc
Departmental Pr01noiion Committee (Higher) filed on
30.04.02 examined his case and rejected h~s request for F
, inclusion in the select list. A r~ply in the matter was given to
him vide GO /Rt) No. 1972/Home dated 01.10.02.
3. In the judgment dated 23.06.04 in OP No.35398/02filed
by him the Hon 'ble High Court have quashgd the above
. .,, Government order rejecting~his request for inCtusion in the· G
select list and directed the Conyenei; Departmental Promotion
Committee (Higher) to convene an Ad-hoc Departmental .
Promotion' Committee (Higher) for the purpose of •··
considering the case of the petitioner for year 2001. In the
.. -.
----.....~-·--:-~ '

H
242 SUPREME COURT REPORTS .[2017] 14 S.C.R.

A judgment it is also ordered that the merit of the petitioner
vis-a-vis others who were eligible to be considered for the
/,
year 2001 shall be assessed on the basis of the Confidential
Reports of the petitioner for the years 1998, 1999 & 2000
and any other relevant material pertaining to the select list
for 2001. If the petitioner is found entitled for inclusion on
B
the basis of such assessment of merit his name shall be
included in the select list for the year 2001 in the appropriate
place among officers who were included in the year 2001.
4. In the light of the above facts, the Adhoch Departmental
Promotion Committee held on 24.09.2001 examined his case
c in detail with all the relevant records. As per Rule 28(b) (i)4(a)
of KS & SSRs select list has to be prepared during a calendar
year for the vacancies anticipated in the next calendar year.
Accordingly, select list for the vacancies in 2001 has to be
prepared in 2000 (i.e. during September/October 2000) for
D which the check period will be 1999, 1998 & 1997. But while
preparing the select list the year was wrongly mentioned as
2001 instead of 2000. But the Departmental Promotional
Committee had taken the check period as 1997, 1998 & 1999
in respect of all the officers included in the filed of choice.
The punishments awarded, adverse entries in Confidential
E Report and the disciplinary proceedings etc during the years
from 1997 were taken into account while assessing suitability
of the officers for inclusion in the select list for the year
2000 (for the vacancies in 2001).
5. The committee found that the petitioner was awarded a
F major punishment (i.e. increment bar for 2 years with
cumulative effect vide PHQ order No.G5/73080/93 dated
05.il.97) during the check period which is still pending.
The review petition against the above punishment was
rejected by Government vide GO(Rt) No.3220101/Home
G dated 18.09.2001. Th'! Committee therefore found that the
petitioner is not entitled/or inclusion in the select list ofCircle
Inspector list for promotion as Dy.SPs for the year 2000 i.e.
for the vacancies in 2001.
The Departmental Promotion Committee (Higher) which held
H on 24. 09.2004 examined his case and decided to include
MOHAMMED FAIZAL K.A. v. D. SALI AND.ORS. 243
[A. M. KHANWILKAR, J.]
. .. :

him in the select list for the year 2003 and the select list was . A·
issued accordingly as per notification No. 44663iA2/04/ ..
Home daied 28.10.2004. ,_
In the circumstances stated above the .request contained in
the representation read as 11 paper above is hereby rejected.
(By Order of the Governor) . B .
N. Ramakrishnan
Additional Chief Secretary and
Principal.Secretary to Government. "

(emphasis supplied) C
· ~s. The respondent No.I assailed the aforementioned order by
filing another writ petition, bearing Writ Petition (C) No. 7801 of 2005.
The State resisted· the said writ petition and justified its decision /
considering the fact that the punishment awarded to respondent No: I on
S'h .November, ,1997 of stoppage of increment f~r two years with
cum.ulative effect, was in force during th~ check perfod. For whiCh D
reason, the DPC decided to include the name ofresJJondent No.I in.the
select list for the year 2003 and th_e list was .issued -accordingly'_as R.er ·
notification No.44663/A2/04 dated 28th October, 2004. The learned Single .. __ _
Judge of the High Court, however, opined that in view of the direction_
issued by the Court.vide order dated 2J'd June, 2004 in OP No.35398 of.· E
2002,it was not open to. the Competent Authority to consider the
punishment imposed on respondent No. I in the year 1997 to-deny his ·
inclusion in the select list for the year 2001. The relevant portion of the
judgment of the High Court dated Sth Apfil, 20 I 0, reads thus:-
"5. I am of opinion that Ext. P4 judgment,' which has become .F
final, co~cludes the issue squarely in favour oj the petitiondl: ·
In Ext. P4 judgment, this Court has considered all aspects
' - :
of the matter and decided that, for the purpose. of
considering the petitioner for inclusion in the select list for
the year 2001, his' confidentfol records/or the years 2000,
1999 and 1998 only could have been considered. Bzit in G
Ext. P5, the very same punishment
. .
imposed. in 1997 relied
.; - ..
upon earlier to deny him inclusion i~ the seled list, has Been ·
relied upon, which was found to be unsustainable in Ext. P4
judgment. Therefore, I-have no hesitation to nold that Ext.
H
244 SUPREME COURT REPORTS [2017] 14 S.C.R.

A P5 order is in total disregard to Ext. P4 judgment of this
Court. In the above circumstances, Ext. P5, to the extent the·
petitioner has been excluded from the select list for 2001 is
quashed. In so far as despite Ext. P4 judgment from this
Court, the respondents have not chosen to consider the
molter in the right perspective as directed therein, I am not
B
inclined to leave it again to the respondents to pass fresh
orders. The respondents have no case that without relying
on the punishment of 1997, the petitioner can be validly
denied inclusion in the select list for the year 2001. In fact
he was included in the select list for the year 2003 and
c promoted also.
...
Therefore, there would be a direction to the respondents to
include the petitioner in the select list for the year 2001 in
the appropriate place in accordance with his seniority. All
promotions for the year 2001 shall be reviewed on the basis
/ D of such inclusion of the petitioner in the select list for the
year 2001 and fresh dates ofpromotion as Dy. Superintendent
of Police shall be assigned to him accordingly. The petitioner
would consequently be entitled to all service benefits and
seniority arising there from including monetary benefits
thereof. Orders in this regard shall be passed and monetary
E benefits disbursed to the petitioner as expeditiously as
possible, at any rate, within two months from the date of
receipt of a certified copy of this judgment.
The writ petition is allowed as above. "

F 5. The concerned authorities acting upon the said decision issued
order on 27'h June, 2012 and placed respondent No. l in the select list as
per notification dated 12th February, 2001 at Serial No.6(a) and gave
him notional promotion to the post of Deputy Superintendent of Police
with effect from l 9'h March, 200 I. The said order reads thus:-
"ANNEXURE P-11
G
GOVERNMENT OF KERALA
Abstract
Home Department-Police Establishment - Sri D. Sali, Deputy
Superintendent of Police - Notional Promotion to the cadre
of Deputy Superintendent of Police, granted - Orders issued
H
MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 245
[A. M. KHANWILKAR, J.]

HOME (A) DEPARTMENT .A
G.0.(Rt) No.1934112002/Home Dated Thiruvananthapuram
27.06.2012

Read: (1) Notification No. 44702/A212001/Home dated
22.02.iooi · B
(2) Notification No. 85137/A2120101Home dated
09.02.2001

.
(3) G.0. (Rt) No. 82512001/Home dated 03.03.2001
-'

(4) Letter No. A2-70300/10 dated 04.05.2011 from C
the State Police Chief. · Kera/a,
thiruvananthapuram
ORDER
Sri D. Sali, Deputy Superintendent of Police was superseded
from the select list of Circle Inspectors of Police fit for D
promotion as Deputy Superintendent of Police for the year
2001 vide Notification read as f" paper above. The Ad-hoc
Departmental Promotion Committee (Higher) held on
12.02.2001 decided to include him as shown below in the
·,..
above select list as per the Notification read as 2"d paper
~~- . E
SI. No.6 Sri D. Madhu
SI. No.6(a) Sri. D. Sali
SI. No. 7 Sri K Manoharan Kumar
F
The State Police Chie, in his letter read as 4'h paper above,
has reported that Sri K. Manohara Kumar, who is the
immediate junior to Sri D. Safi as per the notification read
as i"' paper above, was promoted to the cadre of Deputy
Superintendent of Police as per the Government Order read
as 3"' paper above and he took charge of the post of Deputy G
Superintendent of Police on 19.03.2001 FN. Hence the State
Police Chief has requested to sanction notional promotion
to Sri D. Safi, Deputy ·superintendent of Police in the cadre
of Deputy Superintendent of Police with effect from the FN
of 19.03.2001.
H
246 SUPREME COURT REPORTS (2017] 14 S.C.R.

A , (3) Government have examined the matter in detail and they
are pleased to order that Sri. D.Sa(i is notionally promoted
to the cadre of Deputy Superintendent of Police with effect
from the FN 19.03.2001, i.e., the date a/assumption of
charges by Sri K. Manoharan Ku"!ar, Deputy Superintendent
. of Police, who is the immediate junior to Sri D. Safi, subject
B
to the condition that he will not be eligible for back arrears
· of pay and allowance.
By order of the Governor
N.B. BALAKRISHNAN
Under Secretary to Government".
-·-c 7. Not only'that, the Department considered the respondent No. I
for further promotion to the post of Superintendent of Police (non-IPS)
but also, later on, for IPS cad.re in 2010. The appellant then assailed the
decisions of the High Court dated 23'd June, 2004 and 81h April, 2010 by
filing two separate writ appeals before the Division Bench of the High
D C~uri. For the present, it may not be necessary to advert to the events
that unfolded after the decision of the learned Single Judge of the High
Court in the third writ petition dated 8th April 20 I 0. Inasmuch as, the
matter in issue in the writ appeals is in respect of the correctness of two
decisions dated 23'd June, 2004 and 8'h April 20 I0, respectively.
~

E 8. The writ appeals were opposed by respondent No. I, interalia,
oil the ground that the same were barred by limitation and suffered from
!aches. Further, the appellant has no locus to challenge the inclusion of
respondent No. I, in the select list for 200 I because the appellant became
eligible for inclusion in the select list for promotion to the post of Deputy
Superintendent of Police only in 2002. Even on merits, it was contended
F by respondent No. I that the Competent Authority committed no error in
including him in the select list of2001 and to consider him for promotion
to the post of Deputy Superintendent of Police against the vacancies of
2001. Since, his claim for promotion was being considered against the
vacancies of2001, the check period would necessarily be 1998, 1999
G and 2000 and for which reason punishment awarded to him in the year
1997 cannot be reckoned or used against him to deny ilim promotion in
the year 2001.
9. The Diyision Bench after considering the rival submissions held
that no error was committed by the learned Single Judge in the
H
MOHAMMED FAIZAL K.A. v. D. SALI AND ORS. 247
[A. M. KHANWILKAR, J.)

interpretation or the application of Rule 28 of the Kerala State and A
Subordinate Service Rules. The Division Bench also upheld the opinion
of the learned Single Judge that the punishment awarded to respondent
No. I in the year 1997 could not be reckoned for considering his claim .
. for promotion against vacancies of2001. Further, the Division Bench
noted that the appellant was not entitled to be considered nor was eligible B
to be included in the select list of2001 and that the direction given by the '
learned Single Judge was in relation to considering the eligibility and
entitlement of respondent No.I, for promotion to the post of Deputy __,
Superintendent of Police against the vacancies of 2001. The Division
Bench held that the directions issued by the learned Single Judge were
not to interdict the seniority list or adjudicate the inter-se seniority dispute C
which may have necessitated the presence of other officers who were
likely to be affected by such adjudication, Therefore, the appellant was
neither a necessary nor proper party to the writ petition. Thus, the Division
Bench rejected the challenge to the Impugned decisions of the learned
Single Judge because of non-impleadment of the 'appellant in the writ
D
petitions. The Division Bench also held that the appeals have been filed
belatedly and without challenging the promotion of the first respondent
or the re-assigned seniority position to him, which inevitably resulted in
pushing down the appellant and making him junior to respondent No. f.
The Division Bench was of the view thatthe consequential orders issued
by the Competent Authorities were relatable to two judgments and there E
was no infirmity in those judgments. Resultantly, both the writ appeals
came to be dismissed by the comm<;m impugned judgment and order
dated 31st January, 2014. r

10. Aggrieved, the· appellant has taken,recourse to the present
appeals. The arguments, as were canvassed before the Division Bench F
of the High Court have been reiterated by both the sides.
11. We have heard Mr. Jaideep Gupta, learned senior counsel
appearing for the appellant and Mr. Dileep Pillai and Mr. C.K. Sasi,
learned counsel appearing for the respondents.
12. The moot question is: whether the appellant had locus to G
challenge the decisions of the le11rned Single Judge dated 23rd June, 2004
and 8th April, 20 I 0, respectively? Indeed, from the indisputable facts
emerging from the record, the appellant was appointed as Sub Inspector
of Police on 12th October, 1981 in the 13th batch after the respondent
H
248 SUPREME COURT REPORTS [2017) 14 S.C.R.

A No.I was already appointed on that post on 2211d June, 1981, in the 12'h
batch. It is also noticed that the appellant was promoted to the post of
Circle Inspector on I" June, 1994 after respondent No. I was already
promoted on the said post in January, 1992. Since; respondent No.I was
promoted in earlier point of time, he became eligible for being considered
B fo! promotion to the post of Deputy Superintendent of Police in February,
2001 at which point of time the appellant was not eligible in that regard.
The appellant became eligible to be considered for such promotion only
in2002.
13. In the backdrop of these events we will examine the challenge
that we must address in the present appeals. The· 1is commenced at the
C behest of respondent No. I because ofhfa non-inclusion in the select list
for the years 2000-200 I prepared by the DPC in February 200 I. We
will analyse the reasons for such non-inclusion and the justness thereof
a little later.
14. Be that as it may, the appellant, as aforementioned, was not
D eligible to,be included in the said list. So understood, it must follow that
the appellant cannot be an aggrieved party if any order was to be passed
in favour of respondent No. I. However, the appellant asserts .that he is
aggrieved because of the illegality in the decision to promote respondent
No.I against the vacancy in 2001 on two counts. Firstly, because the
E · appellant was already selected and promoted to the post of Deputy
Superintendent of Police on !3tli September, 2002 and, thus, became
senior to respondent No. I in that cadre which was a selection post.
Secondly, because of the wrongful inclusion and moreso, promotion of
respondent No.I to the post of Deputy Superintendent of Police and
also re-assigning notional seniority position as I9'h March, 200 I in
F fortherance of the impugned decision rendered by the learned Single
Judge, dated 8th April, 2010, inevitably, it has resulted in making the
appellant junior to respondent No. I in the cadre of Deputy Superintendent
of Police and also affected his prospects of further promotion and
seniority. That has given rise to the cause of action for the appellant to
G challenge the decisions 'of the High Court but for which the respondent
No. I could not have entered the stated cadre before ! 4th January, 2005.
We find force in this submission. It is true that the appellant may not be
eligible to be included in the select list for.the year 200 I, but it is open to
him to point out that respondent No. I could never have been legitimately
included in the select list until 2003 and before which date the appellant
H
MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 249
[A. M. KHANWILKAR, J.]

__. was alread.fpromoted to the post of Deputy Superintendent of Police A
and had been assigned seniority on that basis. The respondent Nol,
however, was promoted to the post of Deputy Superintendent of Police
and joined that cadre later only on 14'h January, 2005. As these just
reasons have been glossed over or discarded as a result of the decision
ofthe learned Single Judge, in particular dated S•h April, 2010, the appellant B
is directly affected by the outcome of such decision in the matter of his
seniority. Hence; he can be said to be an aggrieved person to challenge
the High Court decision; and if that challenge succeeds;· all the
consequential steps taken by the Competent Authority on the basis of
such decision must stand effaced as non-est. In that, the appellant had
already been selected and prompted to the post ofDeputy Superintendent C
of Police on l3 1hSeptember, 2002. It is because of the decision of the
High Court dated Slh April, 2010 the Competent Authorities gave notional
date of promotion to respondent No. I in that cadre as l 91hMarch, 2001
and re-assigned the seniority to him 111aking the appellant junior to
respondent No. I, even though selected and promoted in earlier pointof D
time.
. .

· 15. Indeed, the Division Bench has.rightly distinguished the .
decisions of this Court in the case of State of Uttaranchal and Anr.
Vs. Madan Mohan Joshi and Ors.'; J(M. Rashmi Mishra Vs. M.P.
Public Service Commission and Ors.2 ; and Suresh Vs. Yeotmal
District Central Cooperative Bank Limited and Anr. 3 ; having held E
that the !is before the learned Single Judge was not in relation to
adjudication of inter-se seniority position of the parties but was for
determination ofeligibility and entitlemenfof respondent No. I to consider
him for promotion to the post of Deputy Superintendent of Police.
16. Be that as it may, the appellant could still challenge the F
decision of the learned Single Judge dated 81hApril, 20 I0, for the reasons
indicated hitherto. The appellant, however, will have to point out the
manifest illegality or error committed in the matter of giving promotion
to respondent No. I against the vacancy of 2001 and succeed in that
behalf.· G
17. We may, therefore, without dilating on any other contention,
straightaway advert to the background in which the two decisions ~ere
•(2oos) 6sec 191
1 (2006) 12 sec 724
1 (2008) 12 sec 558 H
250 SUPREME COURT REPORTS [2017] 14 S.C.R.

A· passed by the learned Single Judge of the High Court. The first impugned
decision was rendered by the learned Single Judge on 23'd June, 2004.
The relevant portion of this decision has been extracted in paragraph 6,
above. The crux of the direction issued by the Court was to consider the
claim ofrespondent No.I for promotion against the vacancy of 200 I on
B the basis of his Confidential Records forthe years 1998, 1999and 2001
"in accordance with law". We find no infirmity in the direction so issued
by the High Court. For, the nature of direction given by the learned
Single Judge vide judgment dated 23rd June, 2004, provided full play to
the DPC to select or not to select respondent No. I against the vacancies
of 200 I after considering the Confidential Records ofrespondent No. I
C for three preceding years, i.e. 1998, 1999 and 2000 "in accordance with
law''. This is how the DPC as well as the Competent Authority of the
State understood the direction and after due deliberations issued an
order on 20'h November, 2004. As a result, the Competent Authority
while considering the claim referred to the fact that major punishment
D (i.e. increment bar for two years with cumulative effect vide PHQ Order
No.GS/73080 dated S'h November, 1997) was still operating against
respondent No. I. That punishment was to operate for two years with
cumulative effect from 1997.
18. The question is: whether consideration of punishment awarded.
in 1997, for promotion of respondent No. I against the vacancy of2001
E was permissible? True it is that the check period for selection against
vacancies of 2001, would be 1998, 1999 & 2000. However, as the
punishment awarded in 1997, transcended beyond 1997, as it was to
operate for a period of two years, the argument ofrespondent No. I that
the punishment given in 1997 could not be reckoned is untenable. The
F learned Single Judge whilst considering the third writ petition of respondent
No. I decided on 8'h April, 2010, however, observed that taking that
punishment into account was against the spirit of the decision dated 23rd
June, 2004 [rendered in the second writ petition (No.35398/2002) filed
by respondent No. I]. In our opinion, the learned Single Judge as well as
the Division Bench of the High Court committed palpable error and
G misread the previous decision dated 23rd June, 2004 rendered in the second
writ petition. As aforementioned, on a plain reading of the said judgment
dated 23rd June, 2004, it is crystal clear that the Competent Authorities
were directed to reconsider the claim ofrespondent No. I by taking into
account the check period as 1998, 1999 & 2000 "in accordance with
H
MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 251
[A. M. KHANWIJ,,KAR, J.]

law", for promotion to the post of Deputy Superintendent of Police A
against the vacaneies in the year 2001. From the entire judgment dated_
23'd June, 2004, we are unable to discern any opinion recorded by the
learned Single Judge that the punishment even ifit were to operate beyond
1·997 and during the check period, cannot be taken into account by the
DPC for determining the merit and ability of the candidate concerned. B
The legal position on this issue is no more res integra. In the case of
Union ofIndia and Ors; Vs. K. V. Jankiraman and Ors. 4, in paragraph
29 the Court observed thus: ·
"29. According to us, the Tribunal has erred)n holding that
when an officer is found guilty in the discharge of his duties,
an imposition of penalty is all that is necessary to improve c
his conduct and to enforce discipline and ensure purity in
the administration. In the first instance, the penalty short of
dismissal will vary from reduction in rank to censure. We are
sure that the Tribunal has not intended that the promotion
should be given to the officer from the original date even D
when the penalty imparted is of reduction in rank. On
principle, for the same· reasons, the officer cannot be
rewarded by promotion as a matter of course even if the
penalty is other than that of the reduction in rank. An
employee has no right to promotion. He has only a right to
be considered for promotion. The promotion to a post and E
more so, to a selection post, depends upon several
circumstances. To qualify for promotion, the least that is
expected of an employee is to have an unblemished record.
That is the minimum expected to ensure a Clean and efficient
administration and to protect the public interests, An employee .f
found guilty of a misconduct cannot be placed on par with
the other employees and his case has to be treated differently.
There is, therefore, no discrimination when in the matter of
promotion, he is treated differently. The least that is expected
of any administration is·that it does not reward an employee
with promotion retrospectively from a date when for his G
conduct before that date he is penalised in presentii. When .
an employee is held guilty and penalised and is, therefore,
not promoted at least till the date on which lie is penalised,
• (1991) 4 sec 109
H
252 SUPREME COURT REPORTS [2017) 14 S.C.R.

A he cannot be said to have been subjected to a further penalty
on that account. A denial ofpromotion in such circumstances
is not a penalty but a necessary consequence of his conduct.
In fact, while considering an employee for promotion his
whole record has to be taken into consideration and if a
promotion committee takes the penalties imposed upon the
B
employee into consideration and denies him tlte promotion,
such denial is not illegal and unjustified. If. further. the
promoting authority can. take into consideration the penalty
or penalties awarded to an employee in the past while
considering his promotion and deny him promotion 011 that
c ground, it will be irrational to hold that it cannot take the
penalty into consideration when it is imposed at a later date
because of the pendency of the proceedings, although it is
for conduct prior to the date the authority considers the
promotion. For these reasons, we are of the view that the
Tribunal is not right in striking down the said portion of the
D
second subparagraph after clause iii) of paragraph 3 of
the said Memorandum. We, therefore, set aside the said
findings of the Tribunal."
(emphasis supplied)
E 19. This decision has been followed in the case of State ofT.N.
Vs. Thiru K.S. Murugesan and Ors., 5 which is directly on the point.
Although this decision was brought to the notice of the Division Bench,
to say the least, the same has not been analysed by it in proper
perspective, as is clear from paragraph 21 of the impugned judgment
dated 81h April, 2010. There is yet another decision which has taken the
F same view in the case of L. Rajaiah Vs. Inspector General of
Registration & Stamps, Hyderabad and Ors. 6 The Court has
unambiguously noted that if the incumbent is undergoing punishment
during the relevant check period he will not be eligible for promotion for
the relev.ant period. Similar view is taken in the case of Collector of
G Tltanjavur Disitt. and Ors. Vs. S. Rajagopalan and Ors.'.

'(1995} 3 sec 213
• (1996} s sec 246
'c2000) 9 sec 145

H
MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 253
[A. M. KHANWILKAR, J.]

20. In the present case, it is indisputable that the punishment A
awarded to respondent No. I, vide order dated 5th November, 1997, is to
withhold increments for two years with cumulative effect. That obviously
was to operate beyond two years from 1997. As mentioned in the counter
affidavit filed by the Additional Secretary of the State before the High
Court dated 19th January, 2004 in O.P. No.35398 of2002, that aspect B
was duly considered by the DPC and the Competent Authority whilst
passing the order dated 20th November, 2004. It is for that reason, the
DPC held on 24th September, 2004 examined the case of respondent
No. I and decided to include him in the select list only for year 2003 as
per Notification dated 28th October, 2004.
21. Indeed, the said order dated 20th November, 2004, was
·-c·
assailed by respondent No. I by way ofWritPetition (Civil) No. 780 I of
2005. But, unfortunately, the learned Single Judge of the High Court did
not. examine these crucial aspects though specifically raised by the
Department to oppose the writ petition. The Court instead was swayed
away by the fact that consideration of punishment awarded in 1997 to D
respondent No. l, would be against the spirit of the earlier decision dated
23rd June, 2004 of the High Court and was impermissible. Having so
held, the learned Single Judge proceeded to issue direction to the
Competent Authorities on which the Competent Authorities acted upon
without any demur. Whereas, it is amply clear that the learned Single
Judge whilst deciding writ petition OP No.35398/2002 nor the subsequent E
writ petition No. 7801/2005 adjudicated, much less answered, the issue .
of permissibility or otherwise of taking note of the effect of punishment .
awarded to respondent No. I operating for two years beyond 1997 and
overlapping with the check period for vacancy of 200 I.
F
22. The .fact that the Competent Authorities were ill-a\ivised not
to challenge such untenable direction of the learned Single Judge, would
not preclude the aggrieved person from challenging the same. As noticed
· • earlier, the consequence of allowing the second impugned decision of
the learned Single Judge (dated S•h April, 2010) to remain in the field
entailed in allocation of notional date of promotion and seniority to G
respondent No.I as J91h March, 2001.As, the seniority position of
respondent No. I was re-assigned on that basis, it directly affected the
appellant who was already promoted to the post of Deputy Superintendent

H
254 SUPREME COURT REPORTS [2017] 14 S.C.R.

A of Police in earlier point of time on 13 1hSeptember, 2002. If the notional
date of promotion allocated to respondent No. I as I 4'h January, 2005 in
terms of the order dated 20•h November, 2004, was to remain in force,
the respondent No.I would remain junior to the appellant at serial No.285
as against the seniority position of appellant at serial No.208 as per the
B provisional seniority list published in 2012. The respondent No. I was
upgraded in the Seniority List in terms of government orders dated 27'h
June, 2012, bearing No. G.O. (Rt) No.1934/2012/Home and dated 7'"
January, 2013 bearing No.G.0. (Rt) No.43/2013/Home, respectively. As
a con~~quence of these orders, the appellant was shown as junior to
respondent No. I in the cadre of Deputy Superintendent of Police and
C Superintendent of Police (non-IPS), respectively.
23. Thus; the appellant was justified in challenging the impugned
decision of the learned Single Judge dated 8'h April, 20 I 0 by way of
subject writ appeals, because of the consequential orders passed by the
Competent Authorities allocating notional date of promotion and
D assignment of seniority to respondent No. I. The delay in filing writ appeals,
in our view, has been duly explained by the appellant. Further, the ord~rs .
passed by the Competent Authorities are the product of direction given
by the learned Single Judge. That will have to be effaced as non-est
consequent to setting aside of the untenable decision of the learned
Single Judge dated 8th April, 2010.
E
24. The faet that the subsequent decisions of the Competent
Authorities have not been specifically challenged by way of substantive
proceedings by the appellant, would not come in the way of the appellant
having succeeded in getting the order dated 20'h November, 2004 issued
under the signature of Additional Chief Secretary/Principal Secretary to
F Government of Kerala, revived and restored. The authorities may have
to re-visit the case of respondent No.I to allot him date of promotion in
terms of order dated 20th November, 2004 and restore his seniority position
in the cadre of Deputy Superintendent of Police as 14'h January, 2005
and correspondingly re-allocate the notional date of promotion for the
G n,ext promotion to the post of Superintendent of Police (Non-IPS/IPS
Cadres) respectively, if respondent No. I has completed the qualifying
service period for being considered for promotion thereto. We have no
hesitation in holding that merely because other officers similarly placed
• (1996) 6sec121
H
MOHAMMED FAIZAL K.A. v. D. SALi AND ORS. 255
[A. M. KHANWILKAR, J.]

as appellant have not questioned the impugned decision, will also be no A
impediment in reviving and restoring the government order dated 20'h
November, 2014-as no prejudice will be caused to them in so directing.
25. Having said this, it may not be necessary for us to diiate on·.
other issues raised by the appellant, including aboutthe interpretation of
, Rule 28 by the learned Single Judge and upheld by the Pivision Bench of B
the High Court - that it is mandatory to prepare a select list on year-to-
year basis, as expounded in the case of Union of India and Ors. Vs.
Vipin Chandra Hiralal Sltah. 8 We leave that and all other contentions
raised before the High Court or this Court, not specifically answered in
this judgment open. For, it is not necessary for us to dwell upon the
same and also to obviate prolixity of the judgment. ·
c
26. Accordingly, we hold that the Division Bench has completely
glossed over the aforementioned legal position regarding the efficacy of
the punishment awarded to respondent No. I in 1997, which transcended
to subsequent years, overlapping with the check period of 1998, 1999 & ·
2000. D
27. A priori, these appeals must succeed. The impugned common
judgment and order of the Division Bench of the High Court ofKerala
dated 31" January, 2014 in Writ Appeal Nos.953 and 1019 of2013, and
the judgment arid orderofthe learned Single Judge dated 8'h April, 2010
in Writ Petition (C) No.780 l of 2005 are set aside. As regards the E
impugned order dated 23'd June, 2004, in our view, it gives li benign
direction to the State Authorities to consider the case of respondent
No.l in accordance with law and nothing more. As a result, the order
· issued by the Additional Chief Secretary, Government ofKerala, Home·
. (A) Department, dated 20'h November, 2004 is revived and restored and F
all subsequent consequential orders/notifications issued in relation to the
subject matter concerning the promotion and seniority of respondent ·
No. I will stand effaced as non-est. As a consequence, the concerned
authorities must re-visit the case of respondent No.l and allot him the
date of promotion and seniority to the post of Deputy Superintendent of
Police w.e.f. 14th January, 2005 and thereafter to re-allocate fresh notional G
date of _promotion to the next higher selection posts, namely,
Superintendent of Police (Non-IPS & JPS), as the case may be, if and
upon respondent No. I fulfilling the eligibility and qualifying service period
therefor. ··
H
256 SUPREME COURT REPORTS [2017] 14 S.C.R.

A 28. We direct the concerned authorities of the State Government
to complete the necessary formalities in furtherance of this order within
three months from today and issue appropriate notification(s) as may be
required in that regard.
29. The appeals are allowed in the above terms. No order as to
B costs.

Ankit Gyan Appeals allowed.