IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 36229 of 2008(K) -------------------------- PETITIONER(S): --------------- 1. Y.JOHN CRISTAPHER, HC.T.2285,BRASS BAND UNIT ARMED RESERVE THIRUVANANTHAPURAM CITY. 2. J.EDISON, BAND MASTER (RESERVE SUB INSPECTOR)BRASS BAND UNIT ARMED RESERVE THIRUVANANTHAPURAM CITY. 3. N.SiMON, HC.T 6391 BRASS BAND UNIT, ARMED RESERVE THIRUVANANTHAPURAM CITY. 4. J.GLADSTON,HC.T.9470 BRASS BAND UNIT, ARMED RESERVE THIRUVANANTHAPURAM CITY. 5. J.WILSON, HC.T.9471 BRASS BAND UNIT, ARMED RESERVE THIRUVANANTHAPURAM CITY. 6. D.RICHARD, HC.T.9541 BRASS BAND UNIT, ARMED RESERVE THIRUVANANTHAPURAM CITY. 7. C.STEPHEN, HC.T. 8964 BRASS BAND UNIT, ARMED RESERVE THIRUVANANTHAPURAM CITY. 8. G.VIJAYADAS, HC.T. 9034 BRASS BAND UNIT, ARMED RESERVE THIRUVANANTHAPURAM CITY. 9. M.S.BENJAMIN, HC.T.9781 BRASS BAND UNIT, ARMED RESERVE THIRUVANANTHAPURAM CITY. BY ADV. SRI.P.K.VIJAYAMOHANAN SRI.ALAN PAPALI RESPONDENT(S): --------------- 1. THE STATE OF KERALA ,REPRESENTED BY THE SECRETARY TO GOVERNMENT HOME DEPARTMENT,GOVT,SECRETARIAT THIRUVANANTHAPURAM. WP(C).No. 36229 of 2008(K) 2. THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY THIRUVANANTHAPURAM. GOVERNMENT PLEADER, ADV.SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36229 of 2008(K) APPENDIX EXT.P1 TRUE COPY OF THE COMMUNICATION NO.21263/K2/2000/HOME DATED 11/7/2000 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE ENDORSEMENT IN THE LOCAL DELIVERY BOOK AS TO THE SUBMISSION OF THE REPRESENTATION BY THE PETITIONERS AND OF ITS ACKNOWLEDGEMENT BY THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 13/08/2008 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4 TRUE COPY OF THE SUBMISSION DATED 23/09/2008 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5 TRUE COPY OF THE BATTALION ORDER NO.31/08.S DATED 18/1/2008 OF THE COMMANDANT, SPECIAL ARMED POLICE, THIRUVANANTHAPURAM. \\TRUE COPY// P.A.TO JUDGE T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.36229/2008-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of March, 2009 J U D G M E N T The petitioners are presently working as Reserve Sub Inspectors and Head Constables in the Orchestra Wing (Brass Band Unit) of the District Armed Reserve, Thiruvananthapuram City. The petitioners 1 to 6 have joined duty on 07/04/1984 and petitioners 7 and 9 joined service on 16/10/1985 and the eighth petitioner joined service on 14/10/1985. They have already completed 23 years of service. 2. The petitioners are seeking the benefit of third higher grade on completion of 23 years of service, which is sanctioned as per the pay revision order dated 25/11/1998. In the subsequent pay revision order also, the same benefit is retained. 3. Seeking for such benefits, they have been approaching the third respondent in the matter. Ext.P3 is the representation submitted by the first petitioner and by Ext.P4, the first petitioner has also forwarded a reminder. The petitioners have got a contention that the third higher grade was given to the Band Personnel in the Armed Battalion and in support of the same, Ext.P5 order has been produced. The same is issued from the office of the Commandant, Special Armed Police, Thiruvananthapuram on 18/01/2008. W.P.(C) No.36229/2008 -:2:- 4. There will be a direction to the third respondent to take a decision on Ext.P3 and other similar representations filed by the petitioners in the light of Ext.P5 within a period of two months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms