IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 25428 of 2008(B) -------------------------- PETITIONER: --------------- 1. M.S.RAMACHANDRAN NAIR MALAYIL HOUSE,CHERIYANADU P.O.,VIA CHENGANNUR ALAPPUZHA, (POLICE CONSTABLE 3032, NOORANADU POLICE STATION, ALAPPUZHA ) RTD. 2. P.V.BALAN,KAVENETHU PADEETTIL, CHERIYANADU P.O.,VIA CHENGANNUR ALAPPUZHA, (CAMP FOLLOWER 56, ARMED RESERVE ALAPPUZHA) RTD BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW SRI.R.SRINATH RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001 2. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 010 BY SENIOR GOVT. PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.25428 of 2008 ===================== Dated this the 25th day of August, 2008. JUDGMENT The petitioners are Ex-police personnel. They retired from service on 30.9.1994 and 30.11.1996 respectively, the first petitioner on voluntarily retirement and the second petitioner on attaining the age of superannuation. 2. The petitioners were initially recruited to the III Battalion of the Malabar Special Police. After the Malabar Special Police was disbanded, they were absorbed in the Central Reserve Police Force. After they completed their tenure in the Central Reserve Police Force, they were absorbed in the State Police and while in service in the State Police, they retired from service on the dates mentioned above. 2. In this Writ Petition, the petitioners claim, relying on Ext.P1 judgment of this Court and Exts.P2 and P3 government orders and Ext.P4 order issued by the Director General of Police that their services in the III Battalion of the Malabar Special Police and in the Central Reserve Police Force should be reckoned for the purpose of service benefits including pay and allowances, promotions and pensionary benefits. They submit that in the light of the authoritative pronouncement of this Court in Ext.P1 judgment they are entitled to get similar treatment as they are WP(C) 25428/08 -: 2 :- similarly placed as the petitioners in the Original Petition which was disposed of by Ext.P1. The petitioners have submitted Ext.P5 representation seeking similar benefits. In Ext.P5, they have also referred to and relied on the direction issued by this Court in W.P.(C) No.28917 of 2007 to consider a similar request. 3. I have heard Sri.B.Raghunathan, the learned counsel appearing for the petitioners and Smt.M.R.Sreelatha, the learned Senior Government Pleader appearing on notice for the respondents. It was brought to my notice that besides the direction issued in W.P.(C)No.28917 of 2007, this Court had as per judgment delivered on 13th November, 2007 in W.P.(C) No.33276 of 2007 considered an identical request from similarly placed persons and disposed of the said Writ Petition with a direction to the Director General of Police to consider the request made by the petitioners in their representations and to pass orders thereon in the light of Ext.P1 judgment, Exts.P2 and P3 government orders and Ext.P4 order passed by the Director General of Police himself. 4. Having heard the learned counsel appearing on either side, I am of the considered opinion that the petitioners are also entitled to similar reliefs. In the result, this Writ Petition is disposed of in the following terms: i) The second respondent shall consider Ext.P5 as also the details furnished by the petitioners in the Writ Petition filed by them and take appropriate decision thereon, in the light of Ext.P1 judgment, Exts.P2 WP(C) 25428/08 -: 3 :- and P3 government orders and Ext.P4 order passed by himself. (ii) If the petitioners are found to be similarly situate, appropriate action shall be taken to see that a similar treatment is meted out to them. The entire process shall be completed within a period of four months from the date of receipt of a copy of this judgment. P.N.Ravindran, Judge. ess 26/8