IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 23RD APRIL 2010 / 3RD VAISAKHA 1932 WP(C).No. 13609 of 2010(A) -------------------------- PETITIONER(S): --------------- 1. K.A.RAJAMMA, W/O.LATE K.V.APPUKUTTAN, KALAYIL HOUSE, MARIYATHURUTHU, KOTTAYAM-686 027. 2. K.PANKAJAKSHI AMMA, W/O.LATE K.PADMANABHA KARANAVAR, VENTHETHU HOUSE, CHERUTHANA.P.O, CHERUTHANA, HARIPAD, ALAPPUZHA-690 563. 3. E.K.SARADA, W/O.LATE A.RADHAKRISHNAN NAIR, ANDIYATH HOUSE, THYCATTUSSERY.P.O, OLLUR, THRISSUR-680 322. 4. P.B.CHANDRALEKHA, W/O.LATE A.MURALEEDHARAN, INDEEVARAM, KUNNAKATTUPARAMBU, EROOR SOUTH.P.O, TRIPUNITHURA, ERNAKULAM-682 306. BY ADV. SRI.B.RAGUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.R.SRINATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 010. BY G.P.SRI.T.K.ARAVINDA KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.13609 of 2010 -------------------------------------- Dated 23rd April, 2010 JUDGMENT The petitioners are the wives of ex-police personnel, who retired from service on 31.12.1995, 31.3.1998, 28.2.1999 and 30.4.2001 respectively. 2. The petitioners' husbands 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. They passed away on 16.5.2001, 14.11.2007, 4.7.2003 and 5.4.2005 respectively. 3. 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 the service rendered by their husbands 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 WP(C).No.13609/2010 2 the light of the authoritative pronouncement of this Court in Ext.P1 judgment their husbands are entitled to get similar treatment as they are similarly placed as the petitioners in the Original Petition which was disposed of by Ext.P1 judgment. The petitioners state that they have submitted Exts.P5 to P8 representations before the Director General of Police seeking the said relief. In Exts.P5 to P8, they have also referred to and relied on the directions issued by this Court in W.P.(C)No.28917 of 2007 and other cases to consider similar requests. 4. I heard Sri.B.Raghunathan, the learned counsel appearing for the petitioners and Sri.T.K.Aravinda Kumar Babu, the learned Government Pleader appearing for the respondents. It is 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 13-11- 2007 in W.P.(C)No.33276 of 2007 and Ext.P9 judgment delivered on 25.5.2009 in W.P.(C)No.14208 of 2009 considered identical requests from similarly placed persons and disposed of the said writ petitions with a direction to the Director General of Police to consider the request made by the petitioners in their representations and 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. WP(C).No.13609/2010 3 5. Having heard the learned counsel appearing on either side, I am of the considered opinion that the petitioners herein are also entitled to similar reliefs in the matter. In the result, this writ petition is disposed of in the following terms: i) The second respondent shall consider Exts.P5 to P8 as also the details furnished by the petitioners in the writ petition filed by them and take an appropriate decision thereon, in the light of Ext.P1 judgment, Exts.P2 and P3 Government orders and Ext.P4 order passed by himself. (ii) If the petitioners' husbands are found to be similarly situated, appropriate action shall be taken to see that a similar treatment is meted out to them. (iii) The entire process shall be completed within a period of six months from the date of receipt of a certified copy of this judgment along with a copy of this writ petition from the petitioners. P.N.RAVINDRAN Judge TKS