IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 33696 of 2005(J) ------------------------------------- PETITIONER: ----------------- PHILIP JOSEPH, SUPERINTENDENT OF POLICE(RETIRED), EDAGRAMAM, KARUMAM, TRIVANDRUM. BY ADV. SRI.K.S.ROCKEY RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 33696/2005 J APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE SUSPENSION ORDER GO RT NO. 3922/97/HOME DT. 5/09/97. EXT.P2. COPY OF THE ORDER GO RT NO. 2366/98/HOME DT. 6/5/98. EXT.P3. COPY OF THE GO RT NO. 3113/98/HOME DT. 1/07/98. EXT.P4. COPY OF THE GO RT NO. 2815/2000/HOME DT. 14/7/00. EXT.P5. COPY OF THE ORDER GO RT NO. 1199/2001/HOME DT. 30/3/2001. EXT.P6. COPY OF THE GO RT NO. 1438/2002/HOME DT. 3/07/2002. EXT.P7. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R1. EXT.P8. COPY OF THE ORDER NO. 28802/A2/04/HOME DT. 18/11/2004 OF THE R1. EXT.P9. COPY OF THE LETTER DT. 14/11/2000 FROM THE R2 TO THE R1. RESPONDENT'S EXHIBITS NIL. True copy tga V.GIRI, J. ------------------------- W.P.(C).No.33696 of 2005 ------------------------- Dated this the 25th day of January, 2008. JUDGMENT The petitioner, while working as Deputy Superintendent, was suspended from service with effect from 5.9.1997 as per Ext.P1 order. He was thereafter reinstated in service as per Ext.P2 dated 6.5.1998. Petitioner reported for duty at the Police Headquarters on 19.5.1998, but posting orders were received only on 1.7.1998 whereupon he was deputed as Deputy Superintendent of Police, Kannur where he joined on 2.7.1998, as evidenced by Ext.P3. The enquiry against the petitioner was completed and proceedings were drawn up. The period during which the petitioner was suspended viz., 18.9.1997 to 18.5.1998 was treated as duty for all purposes including pay and allowances as per Ext.P5 order. But insofar as the petitioner is concerned, there was another short period from 19.5.1998 when he reported for duty at the Police Headquarters, till 1.7.1998 when he was given posting order as per Ext.P3. Contending that this also should be treated as duty for all W.P.(C).NO.33696/05 :: 2 :: purposes, the petitioner moved the Government and was met with Ext.P6 order wherein the Government held that the period from 4.5.1998 till 1.7.1998 be regularised by granting jointing time admissible as per Rules and the remaining to be treated as leave due and admissible to the petitioner as per Note 2 to Rule 56(B) of Part I Kerala Service Rules. The same stand is affirmed in Ext.P8. Petitioner has, therefore, approached this court challenging Exts.P6 and P8. 2. A counter affidavit has been filed by the first respondent supporting the impugned orders. 3. There is no dispute that pursuant to Ext.P2, petitioner had reported on 19.5.1998. There is also no dispute that the delay in issuing posting orders to the petitioner cannot be attributed to him. Therefore, the petitioner cannot be held responsible for remaining without duty from 19.5.1998 till 1.7.1998. The question as to who was responsible for the delay in issuing posting orders may have to be enquired into by the Government at a different level. At any rate, the petitioner cannot be held responsible for the same. Therefore, the said period W.P.(C).NO.33696/05 :: 3 :: is liable to be treated as duty for all purposes including pay and allowances. In the result, Exts.P6 and P8 are set aside. The first respondent is directed to pass orders in the case of the petitioner as regards the period from 19.5.1998 to 1.7.1998 in accordance with law and in the light of the observations made herein. Orders shall be passed within two months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//