IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 10176 of 2008(J) -------------------------- PETITIONER: ------------ 1. ALEX.K.S, EXCISE GUARD, EXCISE RANGE OFFICE, ALAPPUZHA. 2. G.UNNIKRISHNAN NAIR, EXCISE GUARD, EXCISE RANGE OFFICE, KAYAMKULAM. 3. C.SUNIL KUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, KAYAMKULAM. 4. SUBHASH.M.S, EXCISE GUARD, EXCISE CIRCE OFFICE, KUTTANADU, ALAPPUZHA. 5. VINODKUMAR.T.A, EXCISE GUARD, EXCISE ENFORCEMENT AMD ANTI-NARCOTICS SPECIAL SQUAD, ALAPPUZHA. 6. G.GOPAKUMAR, EXCISE GUARD, EXCISE RANGE OFFICE, MAVELIKKARA. BY ADV. SRI.BRIJESH MOHAN SMT.RESMI G. NAIR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, EXCISE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, EXCISE COMMISSIONARATE, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, ALAPPUZHA. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 10176 of 2008 --------------------------------- Dated this the 26th day of March, 2008. JUDGMENT The petitioners are working as Excise Guards under the 3rd respondent. According to them, they had rendered prior service as Constables in the Police Department. The said services were taken in to account while granting higher grade on completion of 10 years of service. The amounts so granted under Exts.P1 to P6 are sought to be recovered under Ext.P8 issued by the Assistant Excise Commissioner. In my view, the petitioners ought to approach the Government, since what is involved is the application of GO(P).No.300/2004 dated 26.6.2004. 2. In the result, the writ petition is disposed of permitting the petitioners to challenge Ext.P8 by way of representation before the first respondent. If it is done within one month from today, it shall be looked into and orders passed after hearing the petitioners within six months thereafter. There shall be no recovery from the salary drawn by the petitioners pursuant to Ext.P8, pending orders by the Government in the manner aforesaid. V.GIRI, JUDGE. pmn/ WPC.10176 /2008 2