IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26855 of 2011(F) ---------------------------------- PETITIONER(S): ------------------- M.S.SUBASH, THYKOOTTATHIL HOUSE, PULLADU P.O, THIRUVALLA. (POLICE CONSTABLETABLE, PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA (PC 823) (RTD.) BY ADVS. SRI.B.RAGUNATHAN SRI.P.KARTHIKEYAN SRI.R.SRINATH SRI.VIPIN VARGHESE RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT HOME DEPARTMENT, GOVERNENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR GENERAL OF POLICE, (STATE POLICE CHIEF), POLICE HEAD QUARTERS, THRIRUVANANTHAPURAM-695 010. BY GOVT. PLEADER SRI. R. RENJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 26855/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DATED 14/12/2001 IN O.P NO.20428/1995 P2: COPY OF FO(RT)NO.50/95/HOME DATED 07/01/1995. P3: COPY OF GO (Rt) NO.551/2000/HOME DATED 08/02/2000. P4: COPY OF THE ORDER DATED NIL 08/2002 OF THE 2ND RESPONDENT. P5: COPYOF THE REPRESENTATION DATED 18/07/2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P6: COPY OF THE JUDGMENT DATED 21/06/2011 IN WPC. NO.16648/2011. P7: COPY OF ORDER DGO NO.48/2011 (NO.A3/88932/10 DATED 17/01/2011 OF THE 2ND RESPONDENT. P8: COPY OF THE LETTER NO.A3/88932/2010 DATED 17/01/2011 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 26855 OF 2011 ----------------------------------------------------------- Dated this the 12th October, 2011. JUDGMENT The petitioner is a retired Police 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. Subsequently, 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 said benefits to similarly placed persons. Exts.P7 and P8 are also similar orders. In view of Exts.P4, P7 and P8, I am of opinion that 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 WPC 26855/2011 2 representation submitted by the petitioner be considered and disposed of on an early date. 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 26855/2011 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: K. SURENDRA MOHAN Judge jj WPC 26855/2011 4