IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 466 of 2009(E) ---------------------------------- PETITIONER(S): --------------------- J. RAJESH (PC T 4159) POLICE CONSTABLE, KALLAMBALAM POLIE STATION (RETD) MADAVILAKATHU VEEDU, MEPPUKADA MALAYINKEEZH P.O., THIRUVANANTHAPURAM. BY ADV. MR.SUMAN CHAKRAVARTHY RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY HOME DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HQ, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL,THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 466/2009-E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATEED 22/02/2000 IN O.P. NO. 25908/2000. EXT.P2: COPY OF THE PROCEEDINGS NO.A1/29913/2000 T DATED 18/04/2002. EXT.P3: COPY OF THE REPRESENTATION DATED 12/12/2007. EXT.P4: COPY OF THE REPRESENTATION DATED 26/08/2008. EXT.P5: COPY OF THE COMMUNICATION DATED 18/08/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.466/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of March, 2009 J U D G M E N T The petitioner joined service as a police constable on 06/03/1972. Because of certain mental problems, it so happened that the petitioner submitted resignation letter on 03/03/1981. After recovering from his illness, he approached this Court by filing O.P.No25908/2000 seeking for reinstatement in service with all attendant benefits with restrospective effect from 28/02/1981. The writ petition was disposed of by Ext.P1 judgment directing the respondents to conduct a medical check-up through a Medical Board and if the petitioner is fully recovered from the illness and if he is physically and mentally fit, he may be reinstated within three months from the date of production of a copy of that judgment. It was further clarified that he will not be entitled for any monetary benefits for the period from 03/03/1981 till he is reinstated except for continuity of service. 2. Subsequently, by Ext.P2, he was ordered to be reinstated in service and accordingly, he rejoined duty on 24/04/2002. He retired from service on 30/11/2008. W.P.(C) No.466/2009 -:2:- 3. Subsequently, he has been moving the authorities seeking for counting the period of service from 06/03/1972 to 30/11/2008 for the purpose of promotion and pension, and payment of consequential benefits. Exts.P3 and P4 are the representations seeking the above reliefs. Ext.P5 will show that only a total period of 16 years have been considered for the purpose of quantifying the pensionery claims. 4. The learned counsel for the petitioner submitted that even going by Ext.P1 judgment, the reinstatement will be subject to the conditions provided therein that the period from 03/03/1981 till he is reinstated could be counted for the purpose of continuity of service but the same will not be reckoned for granting any monetary benefits for that period. It is, therefore, submitted that even though the claim for promotion may not survive now, though he had claimed promotion, the same may be counted for granting pension and other pensionery benefits. 5. I find force in the said argument as this Court in Ext.P1 judgment has directed that the petitioner will not be entitled to any monetary benefits from 03/03/1981 till he is reinstated except for continuity of service. Therefore, the said period could be counted for other purposes like grant of pension. W.P.(C) No.466/2009 -:3:- 6. Therefore, the writ petition is disposed of directing the second respondent to take a decision, in accordance with the findings rendered herein and Ext.P2 judgment, on Ext.P4 within a period of three months from the date of receipt of a copy of this judgment. Appropriate benefits shall be disbursed to him without further delay. No costs. (T.R. Ramachandran Nair, Judge.) ms