IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 17900 of 2007(E) ------------------------------------- PETITIONER(S): ----------------------- C.M.DEVASSIA, AGED 64 YEARS, S/O. MATHAI, CHUKKANANIL HOUSE, CHIRAKKADAVU VILLAGE, KANJIRAPPALLY TALUK. OFFICE OF THE (CLASS IV EMPLOYEE, OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETY, KANJIRAPPALLY. (RTD.) BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT), KOTTAYAM. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANJIRAPPALLY. 5. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17900/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. P2:- COPY OF THE G.O.(MS) 44/83/HOME DT. 5.4.83. P3:- COPY OF THE PROCEEDINGS NO.1351/86/DT. 6.1.87 OF THE 5TH RESPONDENT. P4:- COPY OF THE PROCEEDINGS NO.B6/10102/89/K.DIS DT. 23.10.89. P5:- COPY OF THE PROCEEDINGS NO.A/633/98/K.DIS DT. 25.7.98 OF THE 2ND RESPONDENT. P6:- COPY OF THE LETTER NO.PR.2/PEN.A.1315/K/99-2000 DT. 6.12.99 OF THE 2ND RESPONDENT. P7;- COPY OF THE ORDER G.O.(P) NO.1373/98/FIN. DT. 15.4.98. P8:- COPY OF THE PROCEEDINGS NO.A/1219/99 DT. 8.3.2000 OF THE 4TH RESPONDENT P9:- COPY OF THE JUDGMENT DT. 25.8.2000 PASSED BY THIS HONOURABLE COURT IN OP. NO.9459/2000. P10:- COPY OF THE JUDGMENT DT. 24.9.01 PASSED BY THIS HONOURABLE COURT NO.2784/2000. P11:- COPY OF THE G.O.(MS) NO.306/2005/HOME DT. 25.11.2005. P12:- COPY OF THE LETTER NO.A-1802/01 DT. 27.12.2005 OF THE 5TH RESPONDENT. P13:- COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT DT. 15.7.06. P14:- COPY OF THE JUDGMENT DT. 15.9.2006 PASSED BY THIS HONOURABLE COURT IN WPC. NO.24346/2006. P15:- COPY OF THE G.O.(RT) NO.962/2007/HOME DT. 7.4.07. P16:- COPY OF THE G.O.(MS) NO.112/2008/HOME DT. 30.6.08. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO:17900 of 2007 --------------------------------------------------- Dated this the 8th day of January, 2009 JUDGMENT The petitioner retired from service on 31-1-2000 while working as a Class IV employee in the Co-operative Department in the office of the fourth respondent. He entered service in the Co-operative Department on 14.7.1969 . Before entering in the said service he was employed as a Police Constable in the Special Armed Police (SAP) for the period from 5-9-1963 to 26-6-1968. The petitioner was deputed to Nagaland on 17.9.1966 and continued there up to 26-6-1968. Thereafter he got appointment in Co-operative Department on 14-9-1969. 2. It is evident from Ext.15 that the petitioner had been in SAP during 1966-67 period and was deputed to Nagaland. Thereafter, he joined in Co-operative Department and retired while in service of that Department. Benefits were granted to Police personel deputed to Nagaland as per various orders issued by Government, by way of reckoning the service rendered in Nagaland for payment of pensionary benefits and the like. Since he got appointment in Co-operative Department after his discharge, the above benefit could not be made wpc:17900 of 2007 2 available to him. In these circumstances, the petitioner approached this Court by filing this writ petition challenging Ext.P15 and seeking for a direction to the respondents to pay all service benefits to the petitioner and also to re-compute his pension and other benefits based upon the period of service rendered in Nagaland also. 3. The respondents have filed a counter affidavit apparently contending that the relevant Government order namely the one dated 25.11.2005 did not allow any benefits to persons who were not in service of the Police Department after their repatriation from Nagaland. The petitioner has produced along with I.A.No.16131 of 2008 Ext.P16 Government order dated 30.6.2008 as per which the benefits granted by G.O. dated 1.1.2004, as amended by Government order dated 25.11.2005 have been extended to all Police personnel who have been deputed to Nagaland during 1962- 68 period and joined other departments in state service. The learned counsel appearing for the petitioner submits in the light of the above Government order that the petitioner is entitled for the re computation of pension benefits. A reading of Ext.P16 show that the same applies to persons like wpc:17900 of 2007 3 the petitioner. Therefore, the respondents 1 to 3 and 4 will take appropriate action to give the due benefits to the petitioner in accordance with the stipulations in Ext.P16 by re computing the benefits like pension and other monetary benefits. To enable the respondents to do so, Ext.P15 is quashed and appropriate action will be taken and necessary payments will be made within a period of five months from the date of receipt of a copy of this judgment. No costs. T.R.RAMACHANDRA NAIR, JUDGE bps