IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 5039 of 2008(Y) ------------------------- PETITIONER: ------------ 1. K.V. VARGHESE, S/O. VARU K.V., AGED 45 YEARS, DRIVER, H.C.R.197, ARMED RESERVE, TRISSUR,RESIDING AT KIZHAKKOODAN HOUSE,THALORE P.O TRISSUR DISTRICT. 2. K.S. SADANANDAN, S/O. AYYAPPAN, AGED 42 YEARS, DRIVER H.C.R.192, ARMED RESERVE, TRISSUR, RESIDING AT KATHALIKATTIL HOUSE, AVITTATHUR P.O., TRISSUR DISTRICT. 3. C.K. SATHEESAN, DRIVER H.C.E.7039, ARMED RESERVE, ERNAKULAM RURAL, KALAMASSERY, RESIDING AT CHANNAMAKKAL HOUSE, NEITHAKUDY, MALA P.O., TRISSUR DISTRICT. BY ADV. SRI.S.SREEKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, TRISSUR. 4. THE SUPERINTENDENT OF POLICE, VACB (RANGE OFFICE), SRM ROAD, ERNAKULAM. 5. SUPERINTENDENT OF POLICE (RURAL), ALUVA. BY GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF GOVERNMENT ORDER DATED 16.10.74 ISSUED BY THE 1ST RESPONDENT EXT.P2- TRUE COPY OF ORDER DATED 16.9.85 ISSUED BY THE 1ST RESPONDENT EXT.P3- TRUE COPY OF ORDER DATED 25.11.98 ISSUED BY THE 1ST RESPONDENT EXT.P4- TRUE COPY OF LETTER DATED 24.5.00 ISSUED BY THE 2ND RESPNDENT EXT.P5- TRUE COPY OF LETTER DATED 4.8.00 ISSUED BY THE 2ND RESPONDENT EXT.P6- TRUE COPY OF GOVERNMENT ORDER DATED 19.4.02 ISSUED BY THE 1ST RESPONDENT EXT.P7- TRUE COPY OF PROPOSAL SENT BY THE DGP TO THE SECRETARY TO GOVERNMENT, HOME DEPT. EXT.P8- TRUE COPY OF GOVERNMENT ORDER DATED 1.4.03 ISSUED BY THE 1ST RESPONDENT EXT.P9- TRUE COPY OF SPECIAL RULES CALLED SPECIAL RULES FOR APPOINTMENT TO THE POST OF POLICE CONSTABLES DRIVERS IN THE KERALA POLICE SUBORDINATE SERVICE 1986 EXT.P10- TRUE COPY OF APPOINTMENT ORDER DATED 5.3.87 EXT.P11- TRUE COPY OF ORDER DATED 23.4.03 OF THE 2ND RESPONDENT EXT.P12- TRUE COPY OF RELEVANT PORTION OF ORDER DATED 15.11.03 EXT.P13- TRUE COPY OF ORDER DATED 22.7.04 EXT.P14- TRUE COPY OF JUDGMENT IN W.P.(C).9802/04 DATED 12.7.07 EXT.P15- TRUE COPY OF D.O.937/2006/R DATED 25.9.06 ISSUED BY THE THIRD RESPONDENT EXT.P16- TRUE COPY OF THE REPRESENTATION DATED 8.8.07 SUBMITTED BY 1ST PETITIONER EXT.P17- TRUE COPY OF GO(RT)NO.3432/07/HOME DATED 14.12.07 (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).5039/2008 -------------------- Dated this the 23rd day of July, 2008 JUDGMENT The issue raised in the writ petition was covered in favour of the petitioners by the judgment in W.A.671/2008. Accordingly Ext.P17 is set aside. Government is directed to re-consider the claim of the petitioners as contained in Ext. P16 in the light of the judgment of the Division Bench mentioned above and also Ext.P14. Revised orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs