IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 13TH SEPTEMBER 2010 / 22ND BHADRA 1932 WP(C).No. 10700 of 2010(J) --------------------------------------- PETITIONER(S): ------------------------ SATHEESAN.M.P., S/O.K.G.GOVINDAN HAVILADAR, H.2.COY, K.A.P.4., BATTALION, MANGATTU PARAMBA, KANNUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ----------------------- 1. THE COMMANDANT, KERALA ARMED POLICE BATTALION-IV, MANGATTUPRAMBA, KANNUR. 2. THE INSPECTOR GENERAL OF POLICE A.P.BATTALION & T.P., THIRUVANANTHAPURAM. 3. THE COMMISSIONER AND SECRETARY TO GOVERNMENT, HOME S.S.B.DEPARTMENT, THIRUVANNATHAPURAM. BY GOVT. PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10700/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN WP(C) NO.26464/05 DTD. 9.9.05. P2:- COPY OF THE ORDER NO.A2-1811/2005 KAP4 DTD. 19.10.06. P3:- COPY OF THE JUDGMENT DTD. 1.3.2007 IN WPC. 26464/05. P4:- COPY OF THE REPRESENTATION DT. 28.4.2007 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P5:- COPY OF THE ORDER NO.31611/SSB3/2007 /HOME DTD. 24.5.2007. P6:- COPY OF THE APPOINTMENT ORDER NO.A2/5561/07/KAP 4 DTD. 15.6.2007. P7:- COPY OF THE REPRESENTATION DTD. 15.5.2008. P8:- COPY OF THE LETTER NO.A2 5561/07 KAP4 DTD. 30.5.08. P9:- COPY OF THE REPRESENTATION DTD. 30.6.2009. TRUE COPY P.A. TO JUDGE tss S.SIRI JAGAN, J. ------------------------- W.P (C) No. 10700 of 2010 -------------------------- Dated this the 13th September, 2010 J U D G M E N T Petitioner is aggrieved by non-payment of service benefits for the period from 30.9.2006 to 17.06.2007, during which time petitioner was out of service on account of the pendency of a criminal case. Subsequently the petitioner was acquitted in the criminal case. He has been re-admitted to duty consequent to Ext. P3 judgment of this Court. In respect of the claim for service benefits for the period during which the petitioner was kept out of service, the petitioner has filed Exts.P7 and P9 representations before the 1st respondent. Petitioner seeks a direction to the 1st respondent to consider and pass orders on Exts.P7 and P9, expeditiously. 2. Learned Government Pleader, on instructions, submits that Exts.P7 and P9 representations have to be considered by the 3rd respondent and not by the 1st respondent. 3. Having heard both sides, I dispose of this writ petition with the following directions: W.P (C) No. 10700 of 2010 2 (i) The 1st respondent shall forward Exts. P7 and P9 to the 3rd respondent within two weeks from the date of receipt of a copy of this judgment. (ii) Third respondent shall consider and pass orders on Exts.P7 and P9 as representations filed before the 3rd respondent and pass appropriate orders thereon, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of Exts. P7 and P9 from the 1st respondent. (iii) Petitioner shall be afforded an opportunity of being heard also. S.SIRI JAGAN,JUDGE ma