IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26673 of 2011(H) -------------------------- PETITIONER(S): --------------- P.I.JOSEPH, PEEDATHATTEL HOUSE, MALAKALLU P.O, RAJAPURAM VIA, KASARAGOD, (HEAD CONSTABLE, NARCOTIC CELL, KASARAGOD (H.C 88) (RTD). BY ADV. SRI.B.RAGUNATHAN SRI.P.KARTHIKEYAN SRI.R.SRINATH SRI.VIPIN VARGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. DIRECTOR GENERAL OF POLICE, (STATE POLICE CHIEF), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 010. BY GOVT. PLEADER SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P(C) 26673/2011 PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE JUDGMENT DATED 14.12.2001 IN O.P NO.20428 OF 1995-F. EXHIBIT P2. TRUE COPY OF GO(RT)NO.50/95/HOME DATED 7.1.1995. EXHIBIT P3. TRUE COPY OF GO(RT)NO.551/2000 HOME DATED 8.2.2000. EXHIBIT P4. TRUE COPY OF THE ORDER DATED NIL.8.2002 OF THE 2ND RESPONDENT. EXHIBIT P5. TRUE COPY OF THE REPRESENTATION DATED 18.7.2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P6. TRUE COPY OF THE JUDGMENT DATED 21.6.2011 IN W.P(C)NO.16648 OF 2011-E. EXHIBIT P7. TRUE COPY OF ORDER NO.48/2011 (NO.A3/88932/10 DATED 17.1.2011 OF THE 2ND RESPONDENT. EXHIBIT P8. TRUE COPY OF LETTER NO.A3/88932/10 DATED 17.1.2011 OF THE 2ND RESPONDENT TO THE IST RESPONDENT. RESPONDENTS' EXHIBITS NIL jj /TRUE COPY/ K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 26673 OF 2011 ----------------------------------------------------------- Dated this the 11th October, 2011. JUDGMENT The petitioner is a retired Head Constable. He was recruited as a Police Constable in the III Battalion MSP formed in 1964. Thereafter he was absorbed into the CRPF. Later he was discharged and was enlisted in the Kerala Police Force as a Police Constable. Thereafter, he was transferred and posted to the Armed Reserve/Local Police. He claims the benefit of continuity of service from the date of recruitment in the III Battalion MSP. According to him as per Ext.P1 judgment similar benefit has been granted to others. Therefore, he claims that he should also be given the said benefit. Consequent to Ext.P1 judgment, Ext.P4 order has been passed by the second respondent granting the benefits to similarly placed persons. Exts.P7 and P8 are also similar orders. In view of Exts.P4, P7 and P8, I am of the opinion the petitioner is also entitled to similar relief in the matter. In the result this writ petition can be disposed of directing that Ext.P5 representation submitted by the petitioner be considered and disposed of on an early date. WPC 26673/2011 2 2. This writ petition is accordingly disposed of directing the second respondent to consider and pass orders on the representation of the petitioner evidenced herein by Ext.P5 in accordance with law, as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of this writ petition before the second respondent for compliance. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 26673/2011 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: K. SURENDRA MOHAN Judge jj WPC 26673/2011 4