IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WP(C).No. 25543 of 2006(N) -------------------------- PETITIONER: ------------ 1. M.T.THOMAS, CIRCLE INSPECTOR OF EXCISE (RETIRED), KONAMPURATH HOUSE, PIRAVOM P.O., ERNAKULAM. 2. M.K.DHANAPALAN, CIRCLE INSPECTOR OF EXCISE (RETD.), MULLASSERI HOUSE, VENNALA, KOCHI-8. 3. M.A.JOSEPH, EXCISE PREVENTIVE OFFICER (RETIRED), MAMALATHAZHATH HOUSE, RAMAMANGALAM, (VIA) MUVATTUPUZHA. BY ADV. SRI.CHERIAN VARGHESE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (KERALA), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25543 of 2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF THE GOVT.ORDER G.O.(RT) 05/2004/HOME DATED 1.1.04 EXT.P2- TRUE COPY OF THE GOVT. ORDER G.O.(MS) 306/2005/HOME DATED 25.11.05 EXT.P3- TRUE COPY OF THE LETTER DATED 17.01.06 ISSUED BY 3RD RESPONDENT EXT.P4- TRUE COPY OF THE LETTER DATED 24.2.06 ISSUED BY 1ST RESPONDENT EXT.P5- TRUE COPY OF THE LETTER DATED 3.4.06 ISSUED BY 2ND RESPONDENT EXT.P6- TRUE COPY OF THE LETTER DATED 5.4.06 ISSUED BY DEPUTY COMMISSIONER OF EXCISE EXT.P7- TRUE COPY OF THE LETTER DATED 4.5.06 ISSUED BY 3RD RESPONDENT TO THE 1ST PETITIONER EXT.P7(a)- TRUE COPY OF THE LETTER ISSUED BY 3RD RESPONDENT TO THE 2ND PETITIONER EXT.P8- TRUE COPY OF THE PENSION REFIXATION ORDER DATED 20.7.06 EXT.P8(a)- TRUE COPY OF THE SANCTION ORDER NO.E1-1126/96 DATED 20.7.06 EXT.P9- TRUE COPY OF THE RELEVANT PAGE OF THE CERTIFIED COPY OF THE SERVICES BOOK OF THE 1ST PETITIONER . (TRUE COPY) P.A TO JUDGE P.N.RAVINDRAN, J ------------------- W.P.(C).25543/2006 -------------------- Dated this the 25th day of August, 2008 JUDGMENT The petitioners entered service as Police Constables in the Special Armed Police Battalion on 1.5.1961, 2.5.1961 and 9.4.1962 respectively. They served in Nagaland during the period from 7.9.1963 to 13.11.1966. The petitioners were thereafter, transferred to the Excise Department and they retired from service on attaining the age of superannuation on 31.10.1996, 30.6.1996 and 30.9.1996 respectively. By Ext.P1 Government Order dated 1.1.2004, police personnel who had served in Nagaland were given certain benefits. By Ext.P2, Government Order dated 25.11.2005, it was extended to personnel of the Malabar Special Police and the Special Armed Police Battalion also. The petitioners claimed the benefit of the said Government Order. Their claims were rejected by Exts.P4 and P5, on the short ground that the benefit of Ext.P1 cannot be extended to personnel of the Malabar Special Police and Special Armed Police Battalion who were later absorbed in other Government W.P.(C).25543/2006 2 departments. The petitioners thereupon moved the authorities seeking a re-consideration of the matter and then filed this writ petition seeking the benefits flowing from Exts.P1 and P2. While the writ petition was pending, the State Government issued G.O.(MS). No.112/2008/Home dated 30.6.2008 (Ext.P15) which reads as follows:- As per the Government Order read as 1st paper above and as amended by the Government Order read as second paper above, sanction was accorded for granting the benefits of one year service rendered in Nagaland as equivalent to two years in State Service of Police Force for the purpose of increment of pay and for accumulation of leave etc., to all Police Personnel who had been deputed to Nagaland during the period 1962-1968. The benefits contemplated in the Government Orders were restricted to the Police Personnel who retired from the police force only and those police personnel who had been deputed to Nagaland and later deployed to other departments were not eligible for the benefits. Several representations have W.P.(C).25543/2006 3 been received in Government, requesting to extend the benefits contemplated in the Government Orders read as first and second paper above to the police personnel who had been deputed to Nagaland and later deployed to other departments. Government examined the matter in detail and are pleased to order that the benefits contemplated in the Government Order read as first paper above and as amended by Government Order read as second paper above will be extended to all police personnel who had been deputed to Nagaland during the 1962-1968 and later joined and retired from other departments in State Service. The time limit fixed for submitting application for the benefits ordered as per the Government Order read as third paper above is extended for a further period of six months from the date of this order. 2. The petitioners submit that in view of Ext.P15 which is extracted above, the petitioners are also entitled to benefit flowing from Ext.P1, as amended by Ext.P2. The learned Government Pleader submits that in the light of Ext.P15, the petitioners may move the concerned W.P.(C).25543/2006 4 authorities claiming the benefit of Exts.P1 and P2. 3. Having heard the learned counsel on either side, I am of the opinion that in the light of Ext.P15, the question whether the petitioners are entitled to the benefits flowing from Exts.P1 and P2 has to be considered, in the first instance, by the Government. The petitioners may within two weeks from today, file a representation before the Secretary, Taxes Department, claiming the benefit of Exts.P1, P2 and P15 Government Orders. The State Government shall within two months thereafter pass necessary orders on the said representations after notice to and affording the petitioners an opportunity of being heard. If the petitioners are found eligible for the benefits flowing from Exts.P1 and P2, the same shall be disbursed to them within another two months. The writ petition is disposed of as above. P.N.RAVINDRAN, Judge mrcs