IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34514 of 2008(H) -------------------------- PETITIONER(S): --------------- 1. SIVANKUTTY V., HEAD CONSTABLE (K-540), .R.CAMP, KOTTAYAM. 2. SHANKUMAR T.T.,POLICE CONSTABLE (A-4404) TRAFFIC UNIT, CHERTHALA. 3. VENUGOPAL.M. POLICE CONSTABLE (5011) KOLLAM EAST POLICE STATION. 4. JAYAKUMAR.R, POLICE CONSTABLE (5164), TRAFFIC POLICE STATION KOLLAM. 5. SHAJAN P.P. POLICE CONSTABLE (3968) CBCID, THRISSUR. 6. SANTHOSH KUMAR G. POLICE CONSTABLE (7470 MATTANCHERRY POLICE STATION COCHIN CITY. 7. REJEEV P.R.,POLICE CONSTABLE (6309) VELLOOR POLICE STATION, KOTTAYAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY,HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLCIE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:34514 of 2008 ----------------------------- Dated this 24th day of November, 2008 JUDGMENT The petitioners are Constables/Head Constables in the State Police Department. They appeared for the Physical Efficiency Test held in the year 2002 for appointment by transfer as Sub Inspector of Police in General Executive Branch. The petitioners grievance is that as they had passed the Physical Efficiency Test when they were initially recruited to the post of Police Constables, at this time they cannot be asked to pass the Efficiency Test once again. They submit that Ext.P3 Government Order which governs the field contemplates grant of relaxation in age and in respect of other matters. They also submit that by Ext.P5 Government Order, the Government had exempted Sri.C.John Head Constable in the Armed Police Battalion from passing the Physical Efficiency Test for appointment as Sub Inspector of Police in the General Executive Branch, that claiming similar reliefs they have moved the Hon'ble Minister for Home Affairs in Ext.P8 representation dated 7-2-2007 and that the Hon'ble Minister has forwarded the said representation to the Secretary to Government, Department of Home Affairs. In this writ petition the petitioners seek a direction to the Secretary to Government, Department of Home affairs to consider the request made by them in Ext.P8 in the light of Exts.P3 and P5 Government orders and take a decision thereon within a time limit to be fixed by this Court. wpc:34514 of 2008 2 2. Ext.P3 contemplates grant of relaxation of age and also relaxation in respect of other matters. According to the petitioners as they had passed Physical Efficiency Test at the time of their entry in service, it cannot be insisted upon for further promotions. They submit that in identical situations the Government have exercised the power under Rule 39 of Part II of the KS & SSR and issued Ext.P5 order exempting Sri.C.John from passing the Physical Efficiency Test. According to the petitioners they are similarly placed and are entitled to similar exemption. Whether having regard to the facts set out in Ext.P8 and on the terms of Ext.P3 Government order, the petitioners are entitled for exemption is a matter for Government to decide at least in the first instance. Since the selection relates to the year 2002 the request made in Ext.P8 has to be expeditiously considered. In these circumstances, I dispose of the writ petition with a direction to the Secretary to Government, Department of Home Affairs to consider the request made by the petitioners in Ext.P8 if it has been already received by him, and take a decision thereon within six weeks from the date of receipt of a copy of this judgment. One among the petitioners whom they may nominate, shall also be heard in the matter before orders are passed on Ext.P8. P.N.RAVINDRAN, JUDGE bps