IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 31204 of 2008(M) --------------------------------------- PETITIONER(S): ------------------------ P.R.GOPINATHAN, AGED 55 YEARS, S/O.RAGHAVAN, HEAD WARDER, SUB JAIL, PALAI. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF PRISONS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE(PRISONS), PRISONS HEAD QUARTERS, POOJAPPURA, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT, SUB JAIL, PALAI, KOTTAYAM DISTRICT. 4. THE SUPERINTENDENT, CENTRAL PRISON, VIYYUR. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.31204 of 2008 ====================================== Dated this the 23rd day of October 2008 JUDGMENT The petitioner is presently working as Head Warder in the Sub Jail at Palai. He is aggrieved by Ext.P4 order dated 17.3.2006 whereby the second respondent denied to him the benefit of Ext.P1 Government Order. The petitioner submits that overruling the views of the second respondent, in the case of other Head Warders, the State Government have issued Ext.P5 order dated 2.5.2007, extending the benefit of Ext.P1 Government Order. The petitioner further submits that claiming similar benefits, he has moved the Secretary to Government, Department of Home Affairs by submitting Ext.P6 representation and that the Secretary to Government, Department of Home Affairs may be directed to consider the said representation and pass orders thereon expeditiously and within a time limit to be fixed by this Court. 2. Ext.P5 discloses that overruling the views of the Director General of Police, persons similarly placed as the W.P.(C)31204/2008 2 petitioner were given the benefit of Ext.P1 Government Order. Following the decision taken by the Government, fixation of pay was also made by the Superintendent, Sub Jail, Devikulam as regards the beneficiaries of Ext.P5 order. The petitioner has in Ext.P6 representation submitted to the Secretary to Government, Department of Home Affairs claimed similar benefits. Such being the situation, I dispose of the Writ Petition with a direction to the Secretary to Government, Department of Home Affairs to consider the claim made by the petitioner in Ext.P6 in the light of Ext.P5 Government Order dated 2.5.2007 and take a decision thereon. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE css/