IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13935 of 2009(J) ---------------------------------------- PETITIONER(S): ---------------------------- 1. K. GOVINDAN, KANDEMBETH HOUSE, MOWANCHERY.P.O, PALLIPOYIL, KANNUR, POLICE CONSTABLE, ARMED RESERVE, KANNUR PC 30000 (RTD.) 2. K.P. MADHAVAN NAMBIAR, PUTHIYAVEETIL HOUSE, KOODALI.P.O, KUMBHAM, KANNUR POLICE CONSTABLE, THALASSERY POLICE STATION, KANNUR PC 2818 (RTD.) 3. P.R. BALAKRISHNAN, PANDYALA HOUSE, KOTTALI.P.O, KANNUR RESERVE SUB INSPECTOR, ARMED RESERVE KANNUR (RTD.) 4. K. BALAN NAMBIAR, RETHALAYAM, SIVAPURAM.P.O, MATTANNUR, KANNUR ASI, ARMED RESERVE, KANNUR (RTD.) 5. M. KANNAN, KUNNATH PARAMBIL HOUSE, SANKARA NELLUR.P.O, VIA KUTHUPARAMBA, KANNUR, POLICE CONSTABLE, KANNUR TOWN POLICE STATION, PC 2993 (RTD.) BY ADVS.MR.B.RAGUNATHAN MR.V.V.MATHEW MR.R.SRINATH MR.ARAVIND.V MR.PRASANTH P. W.P.(C) NO.13935/2009 RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 010. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.13935 of 2009 -------------------------------------- Dated 22nd May, 2009 JUDGMENT The petitioners are ex-police personnel, who retired from service on 31.12.1997, 30.6.1999, 30.6.2001, 31.1.1999 and 31.5.1995 respectively. 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. 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 their service 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 WP(C).No.13935/2009 2 get similar treatment as they are similarly placed as the petitioners in the Original Petition which was disposed of by Ext.P1. The petitioners state that they have submitted Ext.P5 representation before the Director General of Police 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. 4. I have heard Sri.B.Raghunathan, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, 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 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 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. 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: WP(C).No.13935/2009 3 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 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 are found to be similarly situate, 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 four 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