IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 18TH FEBRUARY 2009 / 29TH MAGHA 1930 WP(C).No. 17656 of 2006(B) ------------------------------------- PETITIONER(S): ---------------------- NASEER M.A., CIRCLE INSPECTOR OF POLICE, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. MR.K.G.ANIL BABU RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. 4. SHRI. SHAJI P.P., ACCOUNTS OFFICER, (FORMERLY JUNIOR SUPERINTENDENT) DISTRICT POLICE OFFICE, ALAPPUZHA. 5. SHRI. REJIKUMAR, UPPER DIVISION CLERK, DISTRICT POLICE OFFICE, ALAPPUZHA. GOVERNMENT PLEADER SMT.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17656/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RELEFANT PORTION OF THE G.O.(P) NO.1562/99/(27) /FIN DT. 12.7.99. P2:- COPY OF THE LETTER T. 23.1.2001 ISSUED BY THE SUPERINTENDENT OF POLICE, TRIVANDRUM RURAL TO PRINCIPAL TRAINING COLLEGE. P3:- COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2N RESPONDENT DT. 1.1. THROUGH PROPER CHANNEL. P4:- COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT THROUGH PROPER CHANNEL WHILE WORKING A S.I. OF POLICE, D.C.R.B., KOLLAM ON 26.12.05. P5:- COPY OF THE LETTER NO.F9 (a)-45333/05-A DT. 5.1`.06 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P6:- COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 7.1.06. P7:- COPY OF THE LETTER DT. 5.4.06 ISSUED BY THE PRINCIPAL P.T.C. P8:- COPY OF THE REMINDER SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 6.2.06. P9:- COPY OF THE G.O.(RT) NO.2081/04/HOME DT. 20.9.04. P10:- COPY OF THE GOVERNMENT ORER NO.76/76/HOME DT. 30.6.76. P11:- COPY OF THE D.G.O. NO.489/97 DT. 24.6.97 ISSUED BY THE .G.P. P12:- COPY OF THE S.O. NO.68/97/PTC DT.27.6.97. P13:- COPY OF THE A.D.O. NO.463/97 DT. 1.7.97 OF THE 2ND RESPONDENT. P14:- COPY OF THE A.D.O. NO.150/98 DT. 29.4.98 ISSUEED BY THE 2ND RESPONDENT. P15:- COPY OF THE ORER T.R.O. NO.140/2000 DT. 8.12.2000. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE OPTION , FIXATION STATEMENT. R2(b):- COPY OF THE ORER NO.D.O.92/2000 DT. 25.2.2000. /TRUE COPY/ P.A. TO JUGE tss P.R.RAMACHANDRA MENON, J. ====================== W.P.(C) No.17656 of 2006 ====================== Dated, this the 18th day of February, 2009 J U D G M E N T The challenge in this writ petition is against Exhibit P5 order, whereby the request of the petitioner was turned down with regard to the claim for payment of arrears of salary/stipend pursuant to the pay revision implemented with effect from 1-3-1997. The undisputed facts show that the petitioner on selection as Sub Inspector of Police started his training in the Police Training College, Thiruvananthapuram on 17-6-1996 and after completing the basic training he was allotted to Alappuzha District for practical training. The practical training commenced on 1-7-1997 and it was completed on 15-5-1998, after which the petitioner was allotted to Thiruvananthapuram Rural Police District with effect from 16-5-1998, where he was working as Sub Inspector of Police on probation. The main grievance of the petitioner W.P.(C) No. 17656/2006 -:2:- appears to be that the period of training undergone by him shall also be reckoned as part of the duty for fixation of pay and for disbursement of the benefits of pay revision implemented with effect from 1-3-1997. 2. With regard to counting of the training period for the purpose of duty, in view of the authentative pronouncement and declaration of law by a Division Bench of this Court in State of Kerala v. Thirumeni reported in 2007 (4) KLT 938, such training period cannot be reckoned as duty. The only residual prayer for consideration is as to the eligibility of the petitioner for getting arrears of the revised stipend payable during the training period pursuant to the pay revision. It has been conceded in paragraph 3 of the counter affidavit filed by the second respondent that the petitioner is eligible to get the revised stipend @ Rs.5,000/- per month from 1-3-1997 to 30-6-1997. It is submitted by W.P.(C) No. 17656/2006 -:3:- the learned Government Pleader that the arrears of the stipend in respect of the period from 1-3-1997 till 30-6-1997 has already been released to the petitioner. As such, the balance amount payable to him is only in respect of the period from 1-7-1997 till 15-5-1998 and also a sum of Rs.300/- stated as wrongly recovered in arrear pay bill No.150/03-04 cashed on 28-10-2003 and remitted towards Group Insurance Scheme for the months June, 2003, July, 2003 and August, 2003 (Rs.100/- per month) as stated in paragraph 5 of the counter affidavit. 3. In the above facts and circumstances, the impugned order Exhibit P5 ordering recovery is quashed. The second respondent is directed to pay the arrears of stipend payable to the petitioner pursuant to the pay revision implemented with effect from 1-3-1997 in respect of the training period from 1-7-1997 till 15-5-1998, along W.P.(C) No. 17656/2006 -:4:- with the sum of Rs.300/- stated as recovered by the second respondent in paragraph 5 of the counter affidavit as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of this judgment. It is also hereby made clear that if any excess payment has been effected to the petitioner under any head, over and above the actual amount payable as aforesaid, the second respondent will be at liberty to set off such excess amount against the balance amount to be paid to the petitioner. The writ petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE. skr